Appeal 2007-1521
Application 10/694,584
15. Groups R1 through R7 are defined in relevant part4 as:
R1 represents * * * a C7-C40-alkylaryl group * * *
R2 to R5 are the same or different and stand for hydrogen,
* * * a C1-C20-alkyl group, * * *.
16. According to Becke, the catalysts are "preferably suitable for the
preparation of rubbers based on copolymers of ethylene with one or more of
the α-olefins and dienes mentioned." (Becke at 8:4–7.)
17. Becke provides several examples of polymerizations using the
catalysts that lead to rubbers, e.g., Examples 2, 3, 8, and 9.
18. None of Becke's examples use a complex based on a monoazadiene
within the scope of Oberthur's formula (I).
Examiner's rejection
19. The Examiner finds that "Becke teaches a method for admixing an
anti-aging agent, monoazadiene, with at least one rubber monomer,
particularly conjugated dienes, and a vulcanizing agent, Vulkanox BKF."
(Answer at 3, citing Becke at 7:26 through 8:40, and 11:45.)
20. The Examiner maintains further that the preamble should not be given
patentable weight "because properties with respect to aging characteristics
are absent in the body of the claims." (Answer at 3.)
Oberthur's Argument
21. Oberthur argues claims 1, 2, and 4 as standing or falling together, and
presents a nominally separate argument that claims 5 and 6 stand or fall
together.
4 The complete definition is reproduced in Appendix II.
5
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