Appeal No. 1997-2874
Application 08/219,160
With respect to the Vio reference, again, the examiner has not established that Vio
describes hydroxamic acid polymers having “less than about 3 mole percent” of carboxylic
acid functional groups. The examiner does not point to any portion of Vio describing polymers
having that restriction on the carboxylic acid content. Nor does the examiner show sound basis
for believing that the products of the applicants and the prior art are the same. On the contrary,
the Ryles Affidavit of record, executed March 28, 1994, establishes that representative working
examples carried out per the teachings of Vio do not prepare products having the low
carboxylic acid content required by applicants' claims.
We have not overlooked the broader portions of Vio, disclosing polymers or
copolymers of low molecular weight having functional groups where from about 2 to 95% of the
functional groups are hydroxamic or thiohydroxamic groups. For example, see Vio, column 2,
lines 12-18. In other words, the Vio reference, in its broader provisions, discloses polymeric
products characterized by a relatively high content (up to 95%) of hydroxamic acid groups.
Nevertheless, on this record, the examiner has not established that Vio discloses or suggests
hydroxamic acid polymers having less than about 3 mole percent carboxylic acid functional
groups.
The rejection of claims 1-7 and 15-24 under 35 U.S.C. § 102 as anticipated by or, in the
alternative, under 35 U.S.C. § 103 as unpatentable over Vio is reversed.
CONCLUSION
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