Appeal No. 2004-1876
Application No. 09/887,929
hydroperoxide, t-alkyl peroxide, or t-alkyl perester
wherein the t-alkyl group includes at least 5 Carbon atoms
and a non-formaldehyde-forming reducing agent; and
effecting the polymerization of at least some of said
ethylenically unsaturated monomer.
On page 5 of the Brief, appellant states that the
claims stand or fall together. We therefore consider
claim 1 in this appeal. 37 CFR § 1.192(c)(7) and (8)
(2003).
The examiner relies upon the following references as
evidence of unpatentability:
Leighton et al. (Leighton) 5,415,926 May 16, 1995
Mudge et al. (Mudge) 5,540,987 July 30, 1996
Claims 1 through 8 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Mudge or Leighton.
OPINION
We refer to pages 2 through 4 of the Answer and
incorporate the examiner’s statements made therein as our
own.
Appellant argues that Mudge and Leighton’s examples
are directed to a t-Bu HP. However, as discussed by the
examiner, each of these references clearly disclose a
t-amyl HP, which is a t-alkyl group that includes at least
5 carbon atoms. Also, we note that a reference is not
limited to its examples, but is available for all that it
fairly discloses and suggests. See In re Widmer, 353 F.2d
752, 757, 147 USPQ 518, 523 (CCPA 1965).
2
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007