Appeal No. 2006-0817
Application 10/325,443
formula “would correspond to the amine monomers of the acrylates of the type taught in Michal
(2-aminoethyl methacrylate),” which when “treated with an acid the amine group would be
protonated and thus form the neutralized salt thereof” in “[a]cid body fluids,” resulting in “the
quaternary amine structure” (answer, pages 4-5). In response to appellants’ arguments (brief,
page 7), the examiner contends that “[t]here will always be some degree of protonation” (answer,
page 7).
The sole applicable disclosure of “2-aminoethyl methacrylate” in Michal ‘285 is with
respect to the embodiment at col. 7, l. 57, to col. 8, l. 13, particularly, col. 8, l. 2. In this
disclosure, the material is described as “a (co)monomer” for a hydrophilic agent top coat.
However, this is in the context of “the binding component comprises an aldehyde compound and
the top coat is a compound having amine groups” (col. 7, ll. 57-59). We find that one of
ordinary skill in this art would have recognized from this embodiment that the reaction of the
amine and aldehyde functional groups would result in imine moieties, as is well known in the
organic chemistry arts, 2 which moieties in the disclosure of Michal ‘285 crosslink the binding
component and the polymeric top coat (see also col. 6, l. 65, to col. 7, l. 3).
Thus, even if a number of amino groups remain unreacted in the polymeric top coat and
may be protonated as the examiner finds, there is no showing on this record that the same would
result in a hydrogel polymer and certainly not a hydrogel quaternary amine acrylate polymer,
particularly one having more than 50,000 repeating units, as the examiner contends.
Accordingly, in the absence of a prima facie case of obviousness, we reverse the ground
of rejection of appealed claims 2 through 4 and 6 through 35 under 35 U.S.C. § 103(a) over the
Michal references.
The examiner’s decision is affirmed.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a)(1)(iv) (2005).
AFFIRMED
2 See, e.g., Romeo B. Wagner and Harry D. Zook, “Imines,” “Method 465. Condensation of
Carbonyl Compounds with Amines,” Synthetic Organic Chemistry 728 (New York. John Wiley
& Sons, Inc. 1953) (copy not provided).
- 7 -
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007