Ex Parte Vidaurri et al - Page 4



         Appeal No. 2006-1660                                                       
         Application No. 10/609,087                                                 

         However, we fully concur with appellants that the original                 
         specification reasonably conveys to one of ordinary skill in the           
         art that appellants had possession of the concept that the                 
         claimed process can be performed without the use of lithium                
         halide.  Indeed, appellants' specification exemplifies processes           
         within the scope of the appealed claims that do not employ a               
         lithium halide.  Accordingly, the examiner's § 112, first                  
         paragraph rejection is reversed.                                           
              We will sustain the examiner's rejection of claims 42-50,             
         70 and 72 over Senga to the extent it is based on § 103.  There            
         is no dispute that Senga, like appellants, discloses a process             
         for preparing PPS polymers by reacting an aqueous metal                    
         hydroxide and a polar organic compound to form an alkali metal             
         aminoalkanoate which, in turn, is reacted with a sulfur source             
         and a dihaloaromatic compound to form the PPS polymer.  While we           
         agree with appellants that Senga does not provide a clear                  
         description of not isolating the aminoalkanoate from solution              
         for purposes of § 102, we are convinced that it would have been            
         obvious for one of ordinary skill in the art to forego the time            
         and cost of the isolation step before reacting the amino-                  
         alkanoate with a sulfur source and dihaloaromatic compound to              
         form the PPS polymer.  As pointed out by the examiner, Senga               
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