Appeal No. 2000-1980 Application No. 08/476,980 Claim 1 is illustrative of the subject matter on appeal and read as follows: 1. An article comprising a surface functionalized polyaryl addition polymer having at least about 5% of the aryl groups in said polyaryl addition polymer to a depth of 100A, as determined by ESCA substituted with a functionalized nitrogen-containing group, with the remaining aryl groups substantially unsubstituted with said functionalized nitrogen- containing group. The references relied upon by the examiner are: Kenyon et al. (Kenyon) 3,981,775 Sep. 21, 1976 Janata 4,151,049 Apr. 24, 1979 Okrongly 4,933,410 Jun. 12, 1990 Clark 5,484,852 Jan. 16, 1996 Grounds of Rejection Claims 1, 6, 7, 27 - 29 and 31 stand rejected under 35 U.S.C. § 102(b) or, alternatively, under 35 U.S.C. § 103. As evidence of anticipation/obviousness, the examiner relies upon Kenyon and Janata. Claims 1, 6, 7, and 31 stand rejected under 35 U.S.C. § 101 as claiming the same invention as that of claims 10, 11, and 12 of U.S. Patent 4,933,410 or of claims 1, 2, 3, and 4 of U.S. Patent 5,484,852. We reverse the rejections for the reasons which follow. Discussion In reaching our decision in this appeal, we have given careful consideration to the appellant’s specification and claims and to the respective positions articulated by the appellant and the examiner. We make reference to the Examiner's Answer of November 2Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007