Appeal No. 1997-0042
Application No. 07/992,177
ethylene and propylene, see column 3, line 56-column 4, line
15). Sasaki also teaches that the -OR - group may be derived
2
from a random or block copolymer prepared from oxyalkylene
groups having different numbers of carbon atoms and that a
ratio “"” (number of -OR - groups where R is an ethylene2 2
group/m in the molecule) be in the range of 0 to 0.8 (column
4, lines 15-24).
The examiner has found that Sasaki does not “specifically
teach ... that an ethylene oxide group is always next to the
hydroxyl terminal.” (Answer, page 3). The composition recited
in claim 3 on appeal requires that “the end group at the
hydrogen terminal is an oxyethylene group” (see claim 3 on
appeal). The examiner has not provided any factual support
for the conclusion that “[i]t would have been obvious ... to
choose the ethylene oxide be [sic] next to the hydroxyl
[hydrogen] terminal as the reference teaches that the 2-4
carbon atom alkylene group is either random or block
copolymerized and thus the ethylene oxide group may be next to
the hydroxyl group.” (Answer, sentence bridging pages 3-4,
emphasis added). The examiner has not provided evidence or
convincing reasons why the random or block copolymerization of
4
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