Appeal No. 1999-2085
Application 07/839,409
preparing a bioactive composition of matter which comprises forming a mixture of a
specified amino compound and a carbonyl compound, condensing the mixture for a time
sufficient to cause condensation to a limited degree in order to form a hydrous polymer
dispersion having particle sizes of less than 2,000 nm and terminating the polymerization
reaction. The method set forth in claim 16 does not require the formation of a complex with
the polymer by providing a “capacitance adding compound.” Rather, claim 17 is directed
to that step.
Appellant describes suitable capacitance adding compounds on pages 16-19 of
the specification, e.g., diols such as 1,2 propylene diol, amino diols, triols, amides, ethers,
esters, alkanolamines, sugars, soaps/surfactants and various so-called miscellaneous
compounds such as nicotine or silica.
2. Proceedings below
The examiner issued a final rejection on March 4, 1993 (Paper No. 4). Therein,
claims 1 through 24 were rejected under three different bases: (1) under 35 U.S.C. §103
based upon Geary or U.S. Patent No. 3,102,108 (Aebi) alone or together with Schmitz, (2)
under 35 U.S.C. § 103 as unpatentable over Moyle or U.K. 473,116 alone or in view of
Schmitz, and, (3) under 35 U.S.C. § 112, first paragraph (enablement).
The communications which occurred after the final rejection between applicant's
representative and the examiner resulted in the application being held abandoned. In a
decision from the Office of Petitions (Paper No. 20, May 20, 1997), the application was
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