Appeal No. 2003-2060
Application No. 09/133,691 Page 8
following the teachings of Tanaka are not persuasive. This is so
since the examiner has not fairly explained how one of ordinary
skill in the art addressing Tanaka’s concern with forming a
cement-dispersing agent that results in a cementious composition
with high slump without excessive aeration would have been
reasonably expected to arrive at the use of monomers in making
such a dispersing agent that have the specific EO and BO block
arrangement relative to an alkoxy group as specified in claim 1
and having the specified cloud point property. The examiner has
not shown where Tanaka provides any guidance suggesting a monomer
with specific EO and BO block arrangements with the BO block as
the terminal block, let alone a monomer meeting appellants’
claimed requirements.
It follows that we will not sustain either of the examiner’s
rejections over Tanaka, on this record.
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