Ex Parte SMITH et al - Page 5




          Appeal No. 1997-3376                                                       
          Application No. 08/176,187                                                 


          weight of a sulfonated styrene/hydrogenated butadiene tri-block            
          copolymer dopant and THF-PhNO 2 solvent.  The examiner considers           
          the tri-block copolymer of sample 6 to be within the scope of              
          appellants’ “ionophoric and ionomeric copolymers ” as specified in         
          appealed claim 1.  As pointed out by the examiner (answer, page            
          5), Bates discloses that the film can be “heat processed to a              
          homogeneous structure without loss of conductivity or of                   
          mechanical properties” (third full paragraph, right column, page           
          871).                                                                      
               In contrast to the subject matter of appealed claim 1, Bates          
          differs as follows: (1) the polypyrrole and the tri-block                  
          copolymer do not constitute the discrete and continuous phases of          
          the conductive film, respectively; (2) the tri-block copolymer is          
          not present in an amount from about 50 percent by weight to about          
          99 percent by weight; and (3) the tri-block copolymer does not             
          appear to provide micellar or vesicular domains for organization           
          and polymerization of the monomer or monomers.  In addition, it            
          is not clear from this record whether the bulk or surface                  
          electrical conductivity of Bates’s film is isotropic.                      
               With respect to the first difference, the examiner dismisses          
          the claimed limitations regarding the polypyrrole discrete phase           
          (and the ionomeric or ionophoric block copolymer continuous                
          phase) as mere process limitations that do not affect the final            

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