Appeal No. 1998-3042
Application No. 08/310,657
this is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of
claims 39 and 48 through 50, the only other claims pending in this application. A copy of
allowed claim 44 and appealed claims 39 and 48 through 50 is attached to this decision.
ISSUE
Claims 39 and 48-50 stand rejected under 35 U.S.C. § 112, first paragraph, on the
grounds that the specification, as originally filed, fails to provide support for the invention
as now claimed.
In reaching our decision in this appeal, we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner's answer (Paper No.
22, mailed February 10, 1998) for the examiner's reasoning in support of the rejection, and
to the appellants' brief (Paper No. 21, filed November 12, 1997) and reply brief (Paper No.
23, filed April 7, 1998) for the appellants' arguments thereagainst.
THE INVENTION
The claimed invention is directed to cyclic amine copolymers comprising one or
more monomeric repeating units of defined formulae I through X, which further comprises a
monomeric repeating unit M, wherein M is different from monomeric unit(s) I through X and
is copolymerizable with monomeric unit(s) I through X without hindering the ability of the
monomeric unit(s) I through X of the resulting cyclic amine copolymer to be halogenated.
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