Ex parte HOOVER - Page 6




          Appeal No. 1996-4135                                       Page 6           
          Application No. 08/346,325                                                  


          copolymers that are necessarily so structurally similar that a              
          skilled artisan would have expected substantially similar                   
          properties so as to render the use of the positional isomeric               
          reactant obvious.  Indeed, as noted by appellant (brief, page               
          6), the use of the claimed 4-allyl phenol would be expected to              
          result in a more linear copolymer structure than the bent                   
          structural configuration that would be associated with the                  
          copolymer obtained by using 2-allyl phenol.                                 
               With regard to the examiner's reliance on Davis to furnish             
          the requisite suggestion for the examiner's proposed                        
          modification of Okamoto, we note that Davis teaches that 2-                 
          allyl phenol and 4-allyl phenol are two of several alternatives             
          for forming a chain stopper by reaction with a hydride                      
          polydiorganosiloxane (column 1, line 38 through column 2, line              
          10, and column 5, lines 3-9).  We do not consider the above-                
          noted teachings of Davis sufficient to suggest that 4-allyl                 
          phenol would have been an obvious substitute for 2-allyl phenol             
          as a reactant in the process of Okamoto so as to form 4-allyl               
          phenolic links between the polysiloxane and polycarbonate                   
          segments of a copolymer as herein claimed.  We note that the                
          evidentiary record furnished by the examiner does not suggest               







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