Appeal No. 2005-1907 Page 8
Application No. 09/909,898
that the mixture of Terada taken with Tomoi suggests the structure of the anion exchange
membrane of claim 1.
We conclude that the Examiner has failed to establish a prima facie case of obviousness
with respect to the subject matter of claim 1 and those claims dependent therefrom, namely,
claims 2-4, 11, and 12.
The Rejection of claims 5-9 over Terada, Tomoi, and MacDonald
The rejection of claims 5-9 stands on a different footing. These claims are directed to a
process involving in-situ polymerizing a monomer of formula (2) within a mixture including a
thermoplastic polymer having no ion exchange groups. Here, the Examiner relies upon
MacDonald as teaching a process for producing an anion exchange membrane including mixing
a thermoplastic polymer having no ion exchange groups (powdered thermoplastic film-forming
polymer; col. 8, ll. 5-13), in a dissolved state, with a functional monomer such as the
monoethylenic functional monomer (g)(col. 4, ll. 52-60) and other components (col. 8, ll. 13-24)
and then polymerizing by heat and/or ultraviolet light (col. 7, ll. 42-47) to achieve an anion
selective membrane. Appellants do not point out any specific difference between the steps that
MacDonald describes and the steps of claim 5, rather, Appellants argue that the monomer
described by MacDonald is not the monomer required by the claim (Brief, p. 7). However, this
argument does not uncover a reversible error by the Examiner because the Examiner does not
rely upon MacDonald for a teaching of the specifically claimed monomer, Tomoi is relied upon
in that capacity.
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