Ex parte KIRK et al. - Page 5




          Appeal No. 1997-2446                                                         
          Application 08/223,351                                                       



          levels (from about 3 to 25 weight percent) of monethylenically               
          unsaturated dicarboxylic acid units, such as maleic acid, and rela-          
          tively high levels (from about 75 to 97 weight percent) of                   
          monoethylenically unsaturated monocarboxylic acid units, such as             
          acrylic acid.  See column 2, lines 59 through 64, of Hughes.  In this        
          regard, the copolymers produced by EXAMPLES 1, 7, 9, and 12 of Hughes        
          each have a weight average molecular weight of less than 30,000, and         
          Figure 1 of Hughes demonstrates how the use of a copper metal                
          promoter "allows for better control of the molecular weight over a           
          wide                                                                         
          range of maleic acid content in the copolymer."  See column 5, lines         
          49 through 56, of Hughes.  Accordingly, while appellants argue that          
          the attainment of a low molecular weight copolymer                           
          containing low amounts of monoethylenically unsaturated dicarboxylic         
          acid monomer is not a trivial problem, Hughes     has disclosed a            
          prior art process for achieving this goal.                                   
                    In addition to the monomer components and the copper               
          promoter, the reaction mixture of Hughes also includes water soluble         
          initiators.  See column 4, line 6, and line 66 to column 5, line 7,          
          of Hughes.  The Hughes polymerization reaction is conducted within a         

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