Appeal No. 2003-2060
Application No. 09/133,691 Page 5
However, as correctly pointed out by appellants (brief, pages 6
and 7), Jenkins does not describe a monomer that includes
ethylene oxide (EO) and butylene oxide (BO) blocks in the
proportions recited in claim 1 and with the BO block representing
the terminal hydrophobe (the block next to an alkoxy terminal
group) and a monomer having a cloud point within the range
claimed.
The examiner’s references to column 6, lines 35-54, column
8, lines 31-60 and column 9, lines 21-35 of Jenkins are noted.
However, our review of those sections of Jenkins does not reveal
a description of a macromonomer having an R1 terminal group that
is described as an alkoxy group and that has 1 through 4 carbon
atoms, notwithstanding the examiner’s contrary contention at page
7 of the answer. Nor do we find that Jenkins describes that the
formula XIV monomer includes 5-35 BO groups and 10-45 EO groups,
arranged as set forth in claim 1. While Jenkins teaches that
their formula XIV monomer includes non-termninal OR2 groups, we
can find no description of the specific number and arrangement of
the EO and BO groups as required in the appealed claims being
specified in Jenkins. Consequently, the examiner has not fairly
estabished that the cloud point of the macromonomer of Jenkins
necessarily corresponds to that of claim 1, item (A) of
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