Appeal 2006-3083
Application 10/121,634
monomers most commonly used [in the prior art] for in situ polymerization
are alkyl-2-cyanoacrylates having one polymerizable cyanoacrylate group
per monomer. . . . Upon contact with anions, these monomers react quickly
to form linear polymers.”). Thus, even the prior art polymer resulting from
polymerization of a mono(2-cyanoacrylate) monomer does not have R
moieties that are bonded to two cyanoacrylate groups.
The Examiner has not adequately established that either Krall or
Tseng discloses a composition comprising a poly(2-cyanoacrylate)
monomer. We therefore reverse the rejections for anticipation.
4. OBVIOUSNESS
Claims 6-9 stand rejected under 35 U.S.C. § 103 as obvious in view of
Krall. Claims 6-9 all depend (directly or indirectly) on claim 1 and add
limitations relating to the size of the R moiety or the proportions of
poly(2-cyanoacrylate) and mono(2-cyanoacrylate) in the composition. The
Examiner concludes that these additional limitations would have been
obvious to a person of ordinary skill in the art (Answer 6).
The Examiner relies on the rationale discussed above to meet the
limitation that the claimed composition contains poly(2-cyanoacrylate)
monomer. For the reasons discussed above, we disagree that Krall teaches
poly(2-cyanoacrylate) monomer, and the Examiner has provided no basis on
which to conclude that it would have been obvious to include a
poly(2-cyanoacrylate) monomer in Krall’s composition. Therefore, the
Examiner made out a prima facie case of obviousness. The rejection under
35 U.S.C. § 103 is reversed.
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