Appeal No. 2002-1698
Application No. 09/401,691
requirement for “said first polymer comprising at least two of
said first precursor polymers linked by said first and second
polymer-forming active sites on monomers in those first precursor
polymers.” It may be true, as urged by the examiner, that the
electroluminescent polymers of Leising comprise monomers which
are structurally similar to the monomers of the appellants.
Nevertheless, Leising’s disclosure is fatally deficient with
respect to whether the active sites of his monomers possess the
capabilities required by claim 12 and more particularly with
respect to whether his polymers comprise at least two precursor
polymers linked by first and second polymer-forming active sites
of the type here claimed.
It appears to be the examiner’s view that the appellants’
claimed features involving the recited first, second, third and
fourth polymer-forming active sites are satisfied merely by the
presence of four active sites on the monomers from which
patentee’s electroluminescent polymers are made. In this regard,
the examiner acknowledges that “Leising does not specify how the
polymer is made either through electrochemical polymerization or
joined chemically” but nevertheless argues that, “since Leising
teaches the same polymer as claimed, the patentability of a
product does not depend on its method of production” (answer,
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