Ex Parte Vidaurri et al - Page 6



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

         polymer, we fully concur with the examiner that it is reasonable           
         to conclude that the process of Senga, which uses the same                 
         components, also has the same contamination levels.  The                   
         obviousness of such low levels of contaminants is further                  
         supported by the examiner's citation of Koyama, who evidences              
         the use of corrosion-resistant stainless steel alloys for                  
         reaction vessels.  Appellants have not advanced any compelling             
         rationale, let alone objective evidence, which demonstrates that           
         processes fairly taught by Senga would have contamination levels           
         for the polymer product outside the claimed ranges.  Also,                 
         appellants' argument that Senga does not incorporate the                   
         corrosive sodium hydroxide in the polymerization process lends             
         further support to the reasonable conclusion regarding the                 
         contaminant level in Senga's polymer product.  If it is                    
         appellants' position that their failure to isolate the amino-              
         alkanoate from the solution which contains sodium hydroxide                
         presents a contamination problem for the polymer product, we               
         find that it would have been a matter of obviousness for one of            
         ordinary skill in the art to perform a cost/benefit analysis               
         pertaining to isolating the aminoalkanoate from the caustic                
         solution.                                                                  

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