Appeal 1997-1635
Application 08/319,667
that one skilled in the art would conclude that when the
broadly claimed invention is practiced, the unexpected result
would generally be expected to be obtained. Applicants have
done neither.
3.
Since we have concluded that Japan alone supports the
examiner's rejection, we find it unnecessary to reach the
examiner's alternative rejection based on Japan combined with
the European Patent Application and the other Japanese Patent
Application Document. If there is further prosecution and the
examiner elects to rely on the other Japanese Patent
Application Document, then a translation should appear in the
record before any further appeal is taken to this board.
4.
We earlier noted that Japan refers to Japan Kokai 55-
129239 (page 3). According to Japan, the Kokai describes
purification of methacrylic acids with sulfonic acid group-
containing compounds. The European Patent Application relied
upon by the examiner describes the use of amines for the same
purpose. A question in need of resolution in future
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