Ex Parte Sugaya et al - Page 9




               Appeal No. 2005-1907                                                                        Page 9                
               Application No. 09/909,898                                                                                        


                      Appellants acknowledge that MacDonald describes mixing a thermoplastic                                     
               polymer having no ion exchange groups with a polymerizable monomer comprising a                                   
               vinylbenzyltrialkylammonium chloride (Brief, p. 7).  That monomer is a close homolog to the                       
               monomer of formula (2) recited in claim 5.  Moreover, Tomoi indicates that anion exchangers                       
               polymerized from the monomers of formula (2) have excellent heat durability (Tomoi, col. 3, ll.                   
               41-51).  Tomoi also indicates that the shapes of the anion exchangers are not particularly limited                
               and can include membrane-like shapes (Tomoi, col. 7, l. 59 to col. 8, l. 8).  Under the                           
               circumstances, there is a suggestion arising from within the prior art to use the monomer of                      
               Tomoi in the process of MacDonald to form a heat durable membrane.                                                
                      We conclude that the Examiner has established a prima facie case of obviousness with                       
               respect to the subject matter of claims 5-9.  A discussion of Terada is not required here.                        
               The Rejection of Claim 10 over Terada, Tomoi, MacDonald and further in view of Akao or                            
               Osterholtz or Sata or Saad or Chau                                                                                
                      Claim 10 requires irradiation of a porous membrane-supporting material before or when                      
               the polymer and monomer mixture is impregnated thereto.  The Examiner finds that such                             
               irradiation of the polymers of the membrane supporting materials was known in the art and that                    
               it would have been obvious to one of ordinary skill in the art to irradiate the membrane                          
               supporting material of MacDonald to obtain the known effects (Answer, pp. 6-7).                                   
                      With respect to claim 10, Appellants argue that the references additionally relied upon by                 
               the Examiner to reject this claim “manifestly do not relate to an anion exchange resin membrane                   







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