Appeal No. 1999-0771
Application No. 08/640,144
The examiner maintains that polyanthryl acrylate is formed
when compound (A) is polymerized and on that basis concludes that
the polymer or resin binder formed in the process disclosed in
Green (‘052) is identical to the claimed resin binder. See Answer,
p. 7.
Appellants argue that the claimed resin binder is a copolymer
composed of 9-anthrylmethyl acrylate units as well as carboxy
and/or alkyl ester units. See Brief, p. 7. However, the examiner
argues that appellants' claims are not limited to copolymers. The
examiner explains that when x equals 1 in claim 38 a homopolymer
results, namely, the polyanthryl acrylate taught in Green (‘052).
See Answer, p. 8.
Claim 38 recites a value of x “between 0.1 and 1.0.” By
definition, the term “between” excludes the end points of the
claimed range, i.e., 0.1 and 1.0. Therefore, claim 38 does not
include resin binders composed solely of anthracene units (x = 1)
as maintained by the examiner. Rather, claim 38 requires a resin
binder composed of anthracene units as well as carboxy and/or alkyl
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