Appeal No. 1997-0704
Application No. 08/324,855
8-11; column 4, lines 1-12; and column 8, lines 10-19). This
list of polyfunctional unsaturated monomers includes monomers
from each class recited in claim 35 on appeal. Examples
1-3 cited by the examiner do not show polymerizable
compositions with one monomer from each class recited in the
claimed method on appeal. Therefore, the examiner has not2
met the initial burden of establishing that the reference
clearly and unequivocally discloses the claimed method without
any need for picking, choosing and combining various
disclosures from the generic list of monomers at column 8 of
the reference, including the amount of the second class of
monomer as recited in claim 35 on appeal. See Arkley, supra.
Accordingly, the rejection of claims 35 and 37-48 under §
102(e) over Moyer is reversed.
The examiner also finds that McKeever teaches the claimed
method "including the specific unsaturated monomers" (Answer,
page 5, citing column 8, lines 15-63 and column 16, lines 47-
2On this record, there is no evidence that Novacure 3700,
employed by Moyer in Examples 1-3, is the same monomer as
recited in claim 35 on appeal, i.e., Novacure 3700 is not
disclosed as a diacrylate and has epoxide functionalities
rather than the claimed ethoxylated/propoxylated groups.
8
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