Ex parte NG et al. - Page 9




              Appeal No. 1995-0770                                                                                         
              Application No. 07/929,457                                                                                   

                                  New Ground of Rejection Under 37 CFR § 1.196(b)                                          
                     Under the provisions of 37 CFR § 1.196(b), we make the following new ground of                        
              rejection.                                                                                                   
                     Claims 1 through 21 and 28 are rejected under 35 U.S.C. § 103.  As evidence  of                       
              obviousness, we rely upon Kamath '703 and Tam '307.                                                          
              Claim 1                                                                                                      
                     a.  Prima facie case                                                                                  
                     Kamath '703 describes the following process for preparing copolymers.                                 
                     (1) Monomers containing unsaturated carbon-to-carbon bonds and two                                    
                     polymerization initiators, one a low temperature initiator, the other a high                          
                     temperature initiator, and a solvent can be added to a reaction vessel.  See                          
                     column 4, lines 20-32 (styrene and other unsaturated monomers); column 2,                             
                     line 61 - column 3, line 16 (low temperature initiator may be t-                                      
                     butylperoxypivalate and high temperature initiator may be di-t-                                       
                     butyldiperoxyazelate); column 5, lines 1-4 (polymerization can be conducted                           
                     in solution through use of solvent).                                                                  
                     (2) The reaction vessel can be purged with an inert gas and sealed.  See                              
                     column 5, lines 27-30 (the reaction vessel is purged with nitrogen and                                
                     sealed).                                                                                              
                     (3) The polymerization can occur using a 3-step heating schedule.  See, e.g.,                         
                     Example 4 (first stage conducted at 90E C for three hours, the second stage                           
                     at 115E  C for two hours, and the third stage at 130E  C for one hour.).  The                         
                     temperature during each temperature stage can be held constant.  See, e.g.,                           
                     column 5, lines 31-33 and column 6, lines 59-60.                                                      






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