Appeal No. 1997-3376
Application No. 08/176,187
the polymerization of the aromatic or heteroaromatic monomer or
monomers, with the ion binding segment of the ionomeric or
ionophoric block copolymer (specification, pages 1, 2, 10, and
14-17). The examiner is correct in asserting that it is the
final product of Bates that must be compared against the claimed
invention, and not the particular production processes involved. 4
But here, the examiner has not adduced any evidence or scientific
reasoning that would indicate that the film of Bates would
inherently possess the same morphology as the appellants’ claimed
composition.
The examiner also relies on the teachings of Naarmann.
However, we agree with appellants that Naarmann does not remedy
the deficiencies of Bates. Naarmann describes thermoplastic
mixtures which are based on macromolecular compounds and
polypyrrole, wherein the polypyrrole is embedded in a matrix of
the macromolecular compound (column 1, lines 7-11). Suitable
macromolecular compounds include polyolefins, styrene polymers
such as polystyrene or copolymers of styrene with acrylonitrile
or maleic anhydride, chlorine containing polymers, (meth)acrylate
polymers, water-soluble polymers such as polyvinyl pyrrolidone or
polyvinyl alcohol, polycondensates, and naturally occurring
4 See, e.g., In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966
(Fed. Cir. 1985).
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