Appeal No. 1999-2085
Application 07/839,409
1. A composition of matter having bioactive properties comprising particles of a
coordinated complex of a basic, hydrous condensation polymer of:
(I) carbonyl compound and
(ii) a monomer capable of reacting therewith with a capacitance adding compound,
said particles being no larger than 2000 nm.
The references stated by the examiner to be used in a rejection under 35 U.S.C.
1
§ 103 (a) on page four of the Examiner’s Answer are :
Moyle et al. (Moyle) 3,215,596 Nov. 2, 1965
Geary 3,223,513 Dec. 14, 1965
Claims 1 through 24 stand rejected under 35 U.S.C. § 103(a). As evidence of
obviousness, the examiner relies upon Geary or Moyle. We reverse.
BACKGROUND
1. Subject matter on appeal
There are two main aspects to the claimed invention. The first (claim 1) is a
composition of matter which comprises particles of a coordinated complex of a specified
basic hydrous condensation polymer and a “capacitance adding compound.” The
particles are to be no larger than 2,000 nm. The second aspect (claim 2) is a method for
1 The examiner also states on page 3 of the Examiner’s Answer that U.S. Patent 3,016,327 (Schmitz) is
“relied upon in the rejection of claims under appeal.” However, Schmitz is not included in the heading for
the rejection on page 4 of the Examiner’s Answer but is mentioned in the body of the rejection. We will
discuss this issue infra.
2
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