Appeal No. 2003-2060
Application No. 09/133,691 Page 4
35 U.S.C. § 103(a) as being unpatentable over Jenkins. Claims 1
and 3-9 stand rejected under 35 U.S.C. § 102(a or e) as
anticipated by or, in the alternative, under 35 U.S.C. § 103(a)
as being unpatentable over Tanaka.
We refer to the brief and to the answer for a complete
exposition of the opposing viewpoints expressed by appellants and
the examiner concerning the issues before us on this appeal.
OPINION
Upon careful review of the entire record including the
respective positions advanced by appellants and the examiner with
respect to the rejections that remain before us for review, we
find ourselves in agreement with appellants since the examiner
has failed to carry the burden of establishing a prima facie case
of anticipation or obviousness. Accordingly, we will not sustain
the examiner's stated rejections on this record substantially for
reasons set forth in appellants’ brief.
Concerning the § 102(b) rejection of claims 1, 3-9 and 11-13
over Jenkins, the examiner (answer, pages 3 and 4) takes the
position that appellants’ monomer (A) of claim 1 is fully
described in Jenkins and refers to the formula XIV ethylenically
unsaturated macromonomers of Jenkins for that description.
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