Appeal No. 2003-0878
Application No. 09/575,903
examples of the publication. There is no suggestion that
the use of transition metal catalyst as initiators can be
used in the preparation of polysiloxane block copolymers.
The use of such transition metal catalyst for the
preparation of polymers based on alkenes was the basis for
the disclosure in Matyjaszewski.
Again, there is nothing Matyaszewski which suggests that
such transition metal catalysts would be appropriate for
preparing polysiloxane block copolymers. Indeed, since the
whole aim of the Matyjaszewski invention was to prepare
block and graft copolymers based on alkenes having a low
polydispersity index, Matyjaszewski can therefore be said
not to make any suggestion at all for using the same
transition metal catalyst to produce polysiloxane
copolymers. Therefore, this rejection . . . is not proper
and should be withdrawn.”
We are unconvinced by appellants’ above-mentioned
arguments. That is, appellants have not demonstrated why
Matyjaszeski’s disclosure of alkyl monomers and why the
preparation of polymers based on alkenes is relevant to the
subject matter of appellants’ claim 1.
Also, the examiner states, on page 4 of the Answer, that
Matyjaszewski does teach to make a polysiloxane block copolymer
by using macroinitiators in the presence of a transitional metal
catalyst, and refers to page 38, lines 15-20 of Matyjaszewski,
and to example 15 of Matyjaszewski. In support of the
examiner’s position, we note that Matyjaszewski discloses, at
page 38, lines 15-20, “[e]xamples of novel block or graft
copolymers produced by microinitiators in accordance with the
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