Ex Parte Waggoner et al - Page 3



              Appeal No. 2005-2445                                                                                      
              Application No. 10/245,663                                                                                


                            wherein                                                                                     
                                 a molar ratio of (I):(II) is from 65:35 to 40:60;                                      
                                   a molar ratio of (III):(IVa plus IVb) is from                                        
                     90:10 to 50:50;                                                                                    
                                   a molar ratio of the total of (I) and (II) to the                                    
                     total of (III) and (IV) is substantially 1:1; and                                                  
                                   there are 100 to 600 moles of (V) per 100 moles of                                   
                     (I) plus (II).                                                                                     
                     The sole prior art reference relied upon by the examiner is:                                       
              Waggoner et al. (Waggoner) 5,397,502 Mar. 14, 1995                                                        
                     The following rejection is before us for review:1                                                  
                     Claims 1-3 stand rejected under 35 U.S.C. § 102(b) as being                                        
              anticipated by Waggoner.                                                                                  
                     We have carefully considered the entire record in this case                                        
              in light of the respective positions taken by the examiner and                                            
              the appellants on appeal. Having done so, we conclude that the                                            
              examiner's rejection for anticipation should be affirmed.                                                 
                     The basis for our decision is as follows:
                                                         
                     Waggoner discloses LCP compositions containing about 15 to
                                        

                     1The examiner had previously rejected the claims under                                             
              35 U.S.C. § 103(a) in view of Waggoner, in addition to rejecting                                          
              the claims under 35 U.S.C. § 102(b). The 35 U.S.C. § 103                                                  
              rejection has been withdrawn in the examiner's answer (p. 4).                                             
              The rejection under 35 U.S.C. § 102(b) remains.                                                           
                                                           3
                                                           




Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007