Appeal No. 95-3220
Application 08/112,986
anhydride grafted ethylene-butene-1 copolymer.
The examiner argues on p. 4 of the Answer that:
it would have been prima facie obvious and sufficiently motivated to one skilled in
the art to substitute the generic arylene sulfide polymers in Katto et al. with the
amino/amide functionalized polyarylene sulfide in U.S. -704 [Takekoshi] and
JP. 462 [Suzuki] since their enhanced compatibility and reactivity with the
acid/anhydride functionalized materials are clearly taught in these references.
We disagree. We find no teaching or suggestion in Katto that the compatibility of
the polyarylene sulfide resins disclosed therein could be enhanced by the addition of
amino or amido substituents. Nor do we find any suggestion in Takekoshi or Suzuki
(assuming, arguendo, that the abstract is prior art) to add amine or amide functionality to
polyarylene sulfide resins having a carboxylic acid, a carboxylic acid anhydride or a
carboxylic acid halide moiety. We note the examiner’s statement “that if one skilled in the
art was given the three references at the time of the invention, even though U.S. -975
[Katto] is silent in the modification of PAS but is, however, generic to both modified and
unmodified PAS, it [sic, one of ordinary skill in the art ?] would be [sic, would have been]
sufficiently motivated to use a modified PAS instead of an unmodified PAS since [the]
secondary references are directed to teachings of enhancing the reactivity and hence
compatibility between arylene sulfide polymers and other materials with reactive moieties.”
[Emphasis added.] Answer, p. 5. However, we point out that, on this record, the only
reason one skilled in the art would have been given the three references applied in the
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