Ex parte BREYTA et al. - Page 4




               Appeal No. 96-2105                                                                                                
               Application 08/059,861                                                                                            


                                                      THE REJECTION                                                              
                      Claims 1-17 stand rejected under 35 U.S.C. § 103 as being                                                  
               unpatentable over Brunsvold in view of Ito.                                                                       





                                                           OPINION                                                               
                      We have carefully considered all of the arguments                                                          
               advanced by appellants and the examiner and agree with                                                            
               appellants that the aforementioned rejection is not well                                                          
               founded.  Accordingly, we do not sustain this rejection.                                                          
                      We need only to address appellants’ broadest claim, which                                                  
               is claim 1.                                                                                                       
                      The portion of Brunsvold relied upon by the examiner is                                                    
               example 2A (col. 6, lines 16-48), in which poly(styrene-co-N-                                                     
               (4-t-butyloxycarbonyloxyphenyl)-maleimide is prepared from a                                                      
               reaction mixture of poly(styrene-co-N-(4-hydroxy-phenyl)-                                                         
               maleimide, 4-dimethylaminopyridine, di-t-butylpyrocarbonate,                                                      
               and triethylamine.  The amounts of 4-dimethylaminopyridine and                                                    
               triethylamine used in this example are not disclosed.                                                             


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