Appeal No. 96-2105
Application 08/059,861
a reaction mixture which contains no more than 0.02 molar
equivalents of an organic amine based on the dialkyl
dicarbonate.
Ito, which the examiner relies upon (answer, page 4) for
motivation to form a copolymer of p-t-butoxycarbonyloxystyrene
and p-hydroxystyrene, does not disclose use of an amine
catalyst. The examiner argues that an acid is generated in
Brunsvold’s example 1A, whereas no acid is generated in
Brunsvold’s example 2B (answer, pages 5-6). Thus, the
examiner argues, an excess of base would not be needed in
example 2B to drive the reaction to completion (see id.).
Appellants do not challenge the examiner’s argument that
an acid is generated in Brunsvold’s example 1A but not in
example 2A. Nevertheless, the examiner’s argument is not
persuasive because the examiner has not provided any evidence
or technical explanation as to why, if no acid is generated in
Brunsvold’s example 2A, Brunsvold includes triethylamine in
the reaction mixture. Because the examiner has not set forth
any evidence or technical reasoning as to what the function of
the triethylamine is in Brunsvold’s example 2A, the examiner
has provided no basis for arguing that it would have been
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