Ex Parte LUTJENS et al - Page 4


          Appeal No. 2001-2093                                                        
          Application No. 09/054,134                                                  

          reacting weakly basic anion exchange polymers bearing tertiary              
          amino groups with an alkylating agent such as ethylene oxide in             
          the presence of sulfuric acid at temperatures below 150°C to                
          form polymers having quaternary ammonium groups.  (Appeal brief,            
          pages 3-4; specification, page 1, line 15 to page 2, line 3.)               
          In particular, we note that DE ’715 discloses a process in which            
          a weakly basic, anion exchange crosslinked polystyrene resin                
          having tertiary amino groups3 (Example 3) is reacted with                   
          ethylene oxide in the presence of concentrated sulfuric acid at             
          30°C.  (Example 6.)  Thus, as in the invention recited in                   
          appealed claim 5, DE ’715 teaches the addition of strong                    
          sulfuric acid, which, according to the appellants                           
          (specification, page 4, line 28 to page 5, line 3), controls the            
          pH.                                                                         
               Although directed to a process for preparing quaternary                
          ammonium salt compounds, as distinguished from quaternary                   
          ammonium group containing polymers, Günter teaches that reaction            
          variables such as pH and temperature should be controlled within            
          certain ranges when a molecule containing tertiary amine groups             



                                                                                     
               3  The present specification indicates that the “cross-                
          linked vinylaromatic polymers” include crosslinked polystyrene.             
          (P. 2, l. 26 to p. 3, l. 32.)                                               


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