Ex parte STARK et al. - Page 5




          Appeal No. 1998-2280                                                         
          Application No. 08/514,677                                                   




          wherein:                                                                     
          W represents -O-, -N-, or -S-;                                               
          X represents CH - or phenyl;                                                 
                         3                                                             
          Y represents a ketone, ester, or amide functionality;                        
          Z represents a polyfunctional organic segment which does not                 
          contain hydrogen atoms that are more photoabstractable than                  
          the hydrogen atoms of the elastomeric polymer;                               
          m represents an integer of from 0 to 6;                                      
          a represents 0 or 1; and                                                     
          n represents an integer of 2 or greater.  (Column 4, lines 3-                
          28.)                                                                         
               Thus, the prior art composition differs from the                        
          invention recited in appealed claim 1 in terms of the                        
          radiation-activatable crosslinking agent.  To account for this               
          difference, the examiner has taken the position that one of                  
          ordinary skill in the art would have arrived at the here                     
          claimed subject matter by selecting a crosslinking agent from                
          Everaerts’ formula such that the subscript “a” in “(W) ,” the                
                                                                 a                     
          subscript “m” in “(CH ) ,” and the subscript “a” in “(Y) ,” are2 m                             a                    
          1, 0, and 0, respectively.  (Examiner’s answer, page 4.)  In                 
                                          5                                            





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