Appeal No. 2006-2680
Application No. 10/710,187
reactive derivative; and
(iii) a set of reactants selected from
(a) (1) at least one high molecular weight
poly(oxyalkylene)diamine, and (2) at least
one tricarboxylic acid or its derivative, or
(b) at least one high molecular weight
polyoxyalkylene diimide diacid.
(Liu ‘380, col. 2, ll. 28-38.)
Also, instead of having aromatic ether bonds disposed between the
imide subunits, the individual structural units of the polymers are linked by
ester bonds. (Id., col. 8, ll. 27-38 (formulae IV and V).) The ether bonds,
rather than linking aromatic moieties, are present in the group designated as
“G,” which is “the radical remaining after the removal of the amino groups
of a long chain alkylene ether diamine.” (Id., col. 4, ll. 46-48.)
Thus, the “polyetherimide esters” of Liu ‘380 are not made from the
same components as “polyetherimides,” as understood by one skilled in the
art. Liu ‘380’s polyetherimide esters also lack the successive aromatic ether
moieties one skilled in the art would understand a “polyetherimide” to
contain.
Therefore, because the compositions described by Liu ‘380 do not
contain “polyetherimides,” as one of skill would interpret that term, we
reverse the anticipation rejection of claims 1-3 and 8-12 over Liu ‘380.
3. ANTICIPATION BY LIU ‘765
Claims 1-3 and 8-12 also stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Liu ‘765.3 The Examiner reasons: “Run 7 in column
3 Liu, U.S. Patent 4,659,765, issued April 21, 1987.
7
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