Ex Parte Skinner et al - Page 8

               Appeal No. 2006-2710                                                                        
               Application No. 10/458,114                                                                  

               alkylated dendritic materials.  In particular, Neumann describes dendrimers                 
               functionalized by alkyl amines.  (Neumann 3-4.)                                             
                      In addition, Appellants argue that:                                                  
                      Snyder teaches chromatography end uses.  The major end use                           
                      of the materials of the instant invention is for scavenging metals                   
                      from solution, and in cosmetics.  None of these end uses, and                        
                      the  knowledge  that  the  alkylated  amine  functional  dendritic                   
                      molecules of this invention would have the properties to do this                     
                      kind of activity, are set forth or obvious from Snyder.  Why                         
                      would  it  be  obvious,  then,  from  a  combination  of  the  two                   
                      references, to bind the amine functional dendritic material to a                     
                      solid substrate, and then alkylate it?                                               
               (Br. 4.)  However, the Examiner is not relying on Snyder to provide                         
               motivation to “bind the amine functional dendritic material to a solid                      
               substrate, and then alkylate it.”  Instead, the Examiner is relying on                      
               Neumann to disclose these features of claim 1.  The Examiner is merely                      
               relying on Snyder to disclose using an organosilane to attach an organic                    
               group to a silica support.  For the reasons discussed above, we conclude that               
               Neumann discloses chemically bonding an alkyl amine dendrimer to a solid                    
               support, and that, based on the teachings of Snyder, one of ordinary skill in               
               the art would have been motivated to use an organosilane to attach the                      
               dendrimer to the support.                                                                   
                                               SUMMARY                                                     
                      The Examiner has set forth a prima facie case that claim 1 would have                
               been obvious over Neumann in view of Snyder, and Appellants have not                        
               rebutted this prima facie case.  We therefore affirm the rejection of claim 1               
               under 35 U.S.C. § 103.                                                                      



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