Appeal No. 2004-2233
Application No. 10/100,331
monomer may be as follows:
H-CR1=CR2COOR3-O-(CH2CH2O)n-R4
wherein each of R1 and R2 represents a hydrogen atom, an alkyl
group having 1-4 carbon atoms, or a phenyl group, R 3 represents
an alkylene group having 2 or 3 carbon atoms, R 4 represents a
hydrogen atom or an alkyl group having 1-4 carbon atoms, and n
represents the number of repeating oxyethylene units. (Column 2,
lines 22-38.)
The appellant argues that Masuda does not disclose the
polyoxyethylene-containing monomer recited in the appealed
claims. (Appeal brief at 5; reply brief filed Jun. 30, 2004,
pages 1-2.) We agree.
As we discussed above, Masuda teaches that the
polyoxyethylene moiety of the polyoxyethylene-containing monomer
has an average molecular weight of 2,000 to 10,000. By contrast,
“n” is at most 30 in the here recited polyoxyethylene monomer (a)
and each of “n” and “m” is at most 15 in the here recited
polyoxyethylene monomer (b) and (c).
Accordingly, with respect to Masuda, it cannot be said that
the examiner has adequately established a prima facie case of
anticipation under 35 U.S.C. § 102.
The rejection based on Michels stands on different footing.
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