Ex Parte PEIFFER et al - Page 5


               Appeal No. 2004-1566                                                                                                   
               Application 09/452,982                                                                                                 

                       Indeed, we determine that the disclosure at col. 5, lines 11-16, and col. 6, lines 27-29,                      
               taken with the disclosure at col. 6, line 30, to col. 7, line 16, would reasonably suggest to one                      
               skilled in the art that the reaction of a copolymer prepared with α,β-unsaturated dicarboxylic                         
               anhydride(s) of the general formula E and/or F, with the polyetheramines of formula H or from                          
               alkanolamines of the formula I would provide the polyetheramine radical “Y” is “NRR3” to form                          
               the bivalent structural unit A in the copolymer.  The disclosure at col. 6, line 30, to col. 7,                        
               line 16, teaches that a compound of formula H is the preferred reactant with the copolymer, and                        
               if compounds of the formula I are employed, the reaction product is subjected to oxyalkylation to                      
               form the polyether radical.                                                                                            
                       We further find that Krull teaches in col. 7, lines 17-26, a variant wherein an                                
               α,β-unsaturated dicarboxylic anhydride monomer of the formulae E and/or F is reacted with a                            
               polyetheramine of formula H to provide the polyetheramine radical “Y” is “NRR3” to form a                              
               derivatized monomer that provides the bivalent structural unit A upon copolymerization.  Krull                         
               illustrates the variant in Examples 10-13.                                                                             
                       Thus, Krull provides specific disclosure of two methods to prepare copolymers                                  
               containing bivalent structural unit A wherein radical “Y” is “NRR3.”  Therefore, there remains                         
               the determination of the teachings in Krull as to the manner that “[t]he radical X [of structural                      
               unit A] is derived from the reaction products of the dicarboxylic anhydride groups with alcohols                       
               of the formula HO-(C1-C30)-alkyl and/or amines of the formula ENR3R4” (col. 4, lines 38-40) to                         
               form bivalent structural unit A.  We find that Krull states that “[s]pecifically, the structural units                 
               A . . . are derived from α,β-unsaturated dicarboxylic anhydrides of the general formulae E and/or                      
               F” (col. 3, lines 48-65), and in this respect, Krull further teaches the preparation of copolymers                     
               “containing structural units derived from an α,β-unsaturated dicarboxamide” (col. 6, lines 58-62).                     
                       Based on this evidence, we find that one skilled in this art would infer from this teaching                    
               that copolymers containing the radical “Y is X” and/or the radical “X” wherein “X” is,” inter                          
               alia, “NR3R4” are prepared from α,β-unsaturated monomers containing such radicals, for indeed,                         
               Krull also shows the same method for preparing α,β-unsaturated monomers containing the                                 
               radical “Y” is “NRR3,” as illustrated in Examples 10 and 11, and there is no specific disclosure                       
               in Krull to derivatize a copolymer with a compound having the formula ENR3R4.                                          


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