Ex parte YAMADA et al. - Page 4

          Appeal No. 1997-2437                                                        
          Application No. 08/230,378                                                  

          use of cationic catalyst" (sentence bridging pages 2 and 3 of               
          Answer).  From our understanding, it is the examiner's                      
          rationale that it would have been obvious to form                           
          polystyrenesulfonic acid by cationic polymerization of styrene              
          and, thereby, necessarily or inherently obtain the claimed                  
          polystyrenesulfonic acid having indane ring terminals.                      
               The flaw in the examiner's reasoning is that the examiner              
          has not established on this record that the mere cationic                   
          polymerization of styrene, without more, necessarily produces               
          the claimed indane ring.  First, as pointed out by appellants,              
          the examiner has not pointed to any references which disclose               
          a polystyrenesulfonic acid having an indane ring.  Secondly,                
          appellants persuasively argue that "many different factors                  
          dictate the end product of a polymerization process or                      
          catalytic reaction, not merely the general type of catalytic                
          reaction utilized" (page 13 of Brief).  Specifically,                       
          appellants urge that "[f]actors which affect the outcome of                 
          polymerization processes include by way of example the                      
          specific catalysts, the reaction temperature and pressure, the              
          duration of reaction, the solvents used in the reaction                     
          process, the concentration of the monomers contained in the                 


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