Appeal 2007-0159
Application 10/850,019
3. Claims 1-9, 12-16, and 26-31 under 35 U.S.C. § 103(a) as
unpatentable over Brand.
4. Claims 1-16, and 26-31 under 35 U.S.C. § 103(a) as unpatentable
over Paquet.
5. Claims 1-16, 18, and 26-31 under 35 U.S.C. § 102(b) as
anticipated by Chiefari.
ISSUE
The Examiner contends that the applied prior art discloses or suggests
the invention as claimed. Appellants contend that the prior art references
fail to disclose or suggest acrylate monomers that can spontaneously
polymerize at elevated temperature without the presence of free radical
initiator or styrene monomers. The issue before us is: Has the Examiner
properly established that each of the claimed features is taught or suggested
by the cited prior art?
For the reasons discussed below, we answer this question in the
affirmative.
Accordingly, we affirm as to all five grounds of rejection.
RELEVANT FINDINGS OF FACT
1) Chiefari discloses a method of preparing poly(butyl acrylate)
under batch polymerization conditions in which a reaction mixture
comprising butyl acrylate is heated at 150ēC. (Example 1).
2) Campbell ‘026 discloses a method of preparing poly(butyl
acrylate) in which n-butyl acrylate is heated to temperatures of
3
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