Appeal 2007-1693
Application 10/343,523
The Examiner has entered the following rejections:
I. Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as obvious over
Rehmer.
II. Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as obvious over
Rehmer in view of Asakura.
DISCUSSION
I. Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as obvious over
Rehmer.
The Examiner contends that Rehmer teaches free radical
polymerization of olefinically unsaturated monomers and a polymerization
regulating photoinitiator to form copolymers. The polymerization regulating
photoinitiator can be a compound containing a mercapto group in addition to
the group that can be excited by UV radiation (Answer 4).
Appellants contend Rehmer is concerned with the production of a
copolymer useful only as an intermediate in the formation of Rehmer's
Agent. Appellants contend that the copolymer is not disclosed as having any
other utility (Br. 3).
For this ground of rejection, the issue before us is: Does Rehmer
describe or suggest a process for preparing polyacrylates by free radical
addition polymerization of a monomer mixture comprising acrylate or
methacrylate acid esters with mercapto-functionalized photoinitiators? We
answer this question in the affirmative.
To properly address the issue before us, we must analyze the claim
language to determine the scope and meaning of each contested limitation.
See Gechter v. Davidson, 116 F.3d 1454, 1457, 43 USPQ2d 1030, 1032
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