Appeal No. 2003-2060
Application No. 09/133,691 Page 7
similarly not established where Tanaka dislcoses a monomer
corresponding to appellants’ monomer (A) of claim 1, let alone a
reaction product thereof having the properties claimed herein.
While Tanaka (paragraph bridging columns 3 and 4) does describe
two alkoxy terminated monomers including EO and BO groups among
the many monomers listed in that paragraph, Tanaka does not teach
the here claimed relative number and arrangment of such EO and BO
groups in the monomer or the claimed cloud point property either
expressly or inherently. We note that the examiner has not
substantiated how the methoxy polyethylene glycol polybutylene
glycol mono(meth)acrylate monomer described in Tanaka would
necessarily have the here claimed monomer block arrangement with
a terminal BO block (block next to the alkoxy group) and the
number of EO and BO blocks and oxygen atoms as expressed in the
claimed formula.
Nor has the examiner fairly explained how one of ordinary
skill in the art in following the teachings of Tanaka would have
been led to a polymer product as here claimed in support of the
§ 103(a) rejection. Concerning this issue, the examiner’s mere
assertion of an alleged generic teaching in Tanaka and the
argument that one of ordinary skill in the art would have arrived
at workable monomers within the scope of appellants’ claims by
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007