Appeal No. 2003-1783
Application No. 09/560,472
35 U.S.C. § 102(a)
Claims 5-6, 8-10, 12-18, 20-23, 61 and 64-66 stand rejected under 35 U.S.C. §
102(a) as anticipated by Hubbell.
According to the examiner (Answer, page 4), Hubbell discloses
multifunctional polymeric coatings for coating biological and non-biological
surfaces (including metallic surfaces), which minimize or prevent adhesion
(abstract). Embodiments include polyethylene glycol/polylysine
(PEG/PLL) copolymers, in which PLL is a dendrimer attached to an end of
the PEG (abstract). The lysine dendrimer, which usually contains 16-128
amine groups, is covalently grafted to one of the PEG block. The multi-
layer polymeric material is formed by end ionic interactions of a polycation
and a polyanion. The polymeric material is applied in fluid phase to a
surface. The PEG/PLL copolymers can be brush copolymers with a
backbone of polylysine. Suitable polycationic blocks include polyamino
acids having net positive charge at neutral pH, positive charge
polysaccharides, and positively charged synthetic polymers (page 7)... It is
inherent that surface on which the copolymer is attached may have a
positive or negative charge, as multiple copolymer layers of either charge
may be attached to the substrate surface.
The examiner urges that Hubbell page 18, lines 24-30 “clearly states that the
terminal amine of polyglutamic acid (one example of a polyanion) can be reacted with
PEWG [sic] modified with CDI to produce a copolymer structure.” Answer, page 6.
Appellants, on the other hand, argue that Hubbell does not teach or suggest
coating a positively charged surface or a copolymer containing a polyanionic backbone
and non-interactive polymer sidechains. Brief, pages 9-10. Appellants specifically
argue that Hubbell teaches at page 18, line 24, that the “polycationic material will then
be hydrolyzed to form a ‘non-binding polyanion’”, and therefore “Hubbell teaches that a
copolymer with a polyanionic backbone cannot be used to bind to and coat a surface.”
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