Appeal 2007-3684
Application 10/448,794
Claim 1 is illustrative:
1. A polyester composition comprising:
a) a polyester comprising a first moiety derived from a compound
selected from the group consisting of a lactone, a lactide, a glycolide, and
combinations thereof, wherein at least one end of the polyester is a
hydroxy moiety and a second end is a moiety comprising ethylenic
unsaturation, the ethylenically unsaturated moiety being covalently
linked to the first moiety via an ester linkage, and
b) an enzyme catalyst.
The Examiner relies upon the following references:
Yu US 4,791,189 Dec. 13, 1988
Kobayashi US 5,449,743 Sep. 12, 1995
Gruning US 6,268,521 B1 Jul. 31, 2001
The Examiner made the following rejections:
Claims 1 to 7, 17, 23, 24, 27 to 40, 52 to 59 and 63 to 72 stand
rejected under 35 U.S.C. § 103 as unpatentable over the combined teachings
of Yu, Kobayashi and Gruning. 1
Based on the contentions of the Examiner and the Appellants, the
issue before us is: Has the Examiner made sufficient factual findings such
that it is reasonable to conclude that one of ordinary skill in the art would
have been led to combine the teachings of the references in the manner
claimed within the meaning of 35 U.S.C. § 103? We answer this question in
the affirmative.
Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a
determination of: (1) the scope and content of the prior art; (2) the
1 Appellants have argued the patentability of the claimed invention together.
We will limit our discussion to claim 1.
2
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