Appeal 2007-0650
Application 10/808,264
Matzner’s disclosure with regard to the identity of the copper
compounds is as follows:
All of the reactions discussed above may be
advantageously performed in the presence of small
amounts of cupric or cuprous ions. A wide range of
copper compounds may be used, both cupric and cuprous
compounds being usable in accordance with the present
invention. The copper compounds used should be stable
under the polymerization conditions and it is preferred
that the copper compounds be essentially anhydrous.
Copper compounds which can be used include cuprous
chloride, cupric chloride, cupric acetylacetonate, cuprous
acetate, cupric hydroxide, cuprous oxide, cupric oxide,
basic cupric carbonate and basic cupric chloride.
(Matzner ‘758, col. 23, ll. 53-64).
The disclosure that a wide range of copper compounds can be
used coupled with Matzner’s examples of the related halogenated
copper, cuprous chloride (CuCl), would have suggested the use of
other halogenated coppers including CuI and CuBr to one of ordinary
skill in the art particularly since there are only four useful members of
the halogen genus.
We sustain the rejection of claims 22, 23, and 56 under 35
U.S.C. § 103(a) as obvious over the Matzner references. We,
however, do not sustain the rejection of claims 26, 27, and 58 on those
grounds.
III. DECISION
We sustain the rejection of claims 1 and 2 as anticipated by
Keller. We sustain the rejection of claims 22, 23, and 56 as obvious
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