Ex parte EMERT et al. - Page 13




          Appeal No. 1996-0214                                                        
          Application 07/755,603                                                      


          range recited in appellants’ claims.                                        
               We therefore remand the application to the examiner to                 
          consider whether Meinhardt, in combination with prior art                   
          which indicates degrees of substitution of Meinhardt’s                      
          polyalkene with succinic groups which one of ordinary skill in              
          the art would have considered to be suitable, would have                    
          rendered appellants’ claimed invention obvious to one of                    
          ordinary skill in the art within the meaning of 35 U.S.C.                   
          § 103.                                                                      
                                      DECISION                                        
               The rejection of claims 27, 30-33, 44, 45, 48, 49, 56-58,              
          65-67 and 71-90 under 35 U.S.C. § 102(b) as being anticipated               
          by Meinhardt, and the rejections under 35 U.S.C. § 103 of                   
          claims 27, 32, 33, 44, 45, 48, 49, 56-58, 65-67 and 71-90 over              
          Rense in view of Cullen and Palmer, claims 27, 30-33, 44, 45,               
          48, 49, 56-58, 65-67 and 71-90 over Okamoto or Robson in view               
          of Cullen and Palmer, and claims 27, 30, 44, 45, 48, 49, 56-                
          58, 65-67 and 71-90 over Le Suer in view of Cullen and Palmer,              
          are reversed.                                                               
                                REVERSED and REMANDED                                 


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