Appeal 2007-1693
Application 10/343,523
encompass any polymerization as there is no limitation on steps, reactants
and reagents.
Utilizing this interpretation of the claimed subject matter, we
determine that Rehmer describes the free radical polymerization of
olefinically unsaturated monomers with a polymerization regulating
mercapto group containing photoinitiator to form copolymers.
Appellants have not disputed that the copolymer (1) of Rehmer has
been produced by a process encompass by the presently claimed invention.
Rather, Appellants contend that the copolymer (1) of Rehmer is only useful
in the formation of Rehmer's Agent and Rehmer's Agent is not a
polyacrylate (Br. 4).
Appellants’ position is not persuasive. To the extent that Appellants
contend that a different product results from the claimed method
encompassed by claim 1, we note the guidance of a predecessor to our
reviewing court in In re Sussman, wherein the claimed and prior art method
steps were the same; “if appellant obtained a new product through reaction
of the elements mentioned, it must be due to some step in the process not
included in the claim.” 141 F.2d 267, 270, 60 USPQ 538, 541 (CCPA 1944).
In the present case, Rehmer teaches the process of forming a copolymer
according to the present invention. Notwithstanding Rehmer’s disclosure of
utilizing copolymer (1) in the formation of Rehmer's Agent, the process of
the present claims do not exclude the additional process steps required by
Rehmer to form Rehmer's Agent.2 Thus for the reasons presented in this
2 We note that the Rehmer's Agent product is disclosed to be useful in the
formation of UV curable adhesives (Rehmer, col. 1, and ll. 13-25).
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