Appeal No. 1997-3544
Application No. 08/404,234
vinyl chloride comonomer of Chernega and replace it with
styrene and acrylonitrile comonomers as taught by Nakamura to
promote solubility with urethane resins (id.).
The examiner has realized that the proposed combination
of Chernega and Nakamura fails to disclose or suggest “the use
of comonomers having pendant fluorine containing groups,”
i.e., the limitation of “pendant fluorine-containing groups”
recited in claim 1 on appeal (Answer, page 4). The examiner
applies Shimozawa to “teach the use of fluro [sic, fluoro]
graft copolymer in which fluorine containing methacrylates are
used to affix the fluorine group to a main chain of a
copolymer, see column 14, lines 42-58.” Id. Therefore the
examiner concludes that it would have been obvious to one of
ordinary skill in the art to use a fluoro methacrylate as a
comonomer to incorporate a pendant fluoro group into the main
chain of Chernega in order to provide a lubricating surface
for the magnetic layer (id.).
On this record, we determine that the examiner has
provided no factual basis to support the conclusion of
obviousness based on the Shimozawa reference. Shimozawa
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