Ex parte KIRK et al. - Page 8




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



          weight copolymer in the process disclosed by Hughes.  In reaching our        
          conclusion that the herein claimed process would have been prima             
          facie obvious in view of the combined teachings of the references, we        
          have not ignored appellants' argument that one of ordinary skill in          
          the art would not expect that a sulfite chain transfer agent would           
          function in that capacity in the presence of a monoethylenically             
          unsaturated dicarboxylic acid monomer.  In this regard, appellants           
          have cited an excerpt from Maleic Anhydride by B. C. Trivedi,                
          published in Plenum, New York (1982), page 53, which indicates that          
          maleic acid and other related compounds when treated with sodium             
          sulfite                                                                      


          or sodium bisulfite form an addition product.  However, without              
          further explanation in the reference regarding specific condi- tions,        
          one of ordinary skill in the art may very well read this                     
          disclosure as simply and implicitly explaining the mechanism by which        
          the sodium sulfite or sodium bisulfite functions as a  chain transfer        
          agent in the presence of maleic acid.  As pointed out by Holy, common        
          chain transfer agents such as bisulfites are known to impart                 



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