Appeal No. 2006-1262
Application No. 10/013,543
with appellants' statement made on page 7 and with the
examiner's statement made in the final office action on page 3.
We also note that on page 3 of the Answer, the examiner
indicates that appellants' statement of the grounds of rejection
to be reviewed on appeal is correct. This also conflicts with
the examiner's presentation of the 35 U.S.C. § 102(b) rejection
of claims 1 and 3 as being anticipated by Winslow on pages 4 and
5 of the Answer.
Pursuant to 37 C.F.R. § 41.50(a)(1), we remand the instant
case to the examiner for further consideration of a rejection,
as follows:
With regard to the 35 U.S.C. § 102(b) rejection of claims 1
and 3 as being anticipated by Kazuhiro, appellants argue on
page 9 of the Brief that Kazuhiro does not disclose a polymer
comprising a main chain and a plurality of intramolecular side
chains wherein each side chain has a terminal carbon-carbon
double bond and each side chain has a chain length of 6 or more
in terms of number of atoms and the terminal carbon-carbon
double bond of each side chain is the only carbon-carbon double
bond of each side chain. The examiner's position for this
rejection is set forth on pages 3 and 4 of the Answer. The
examiner discusses Kazuhiro by referring to particular
paragraphs of the English translation. For example, the
examiner states that the main chain of the polymer of Kazuhiro
is described in paragraphs 0013 through 0018 of Kazuhiro. The
examiner states that each disclosed monomer found in paragraph
0021 of Kazuhiro has only one carbon-carbon double bond that
will be at the terminal of the side chains produced by reaction
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