Appeal 2007-4316
Application 09/911,268
21. In a separate rejection, the Examiner finds that Castelnuovo teaches
graft polymers having a graft base with Tg less than 10°C, and concludes
that the claimed subject matter would have been obvious to one of ordinary
skill in the art because Eckel 930 cites Castelnuovo's teachings to use such
graft polymers. (Answer at 5.)
22. The Examiner also finds that Gaggar teaches compositions within the
scope of the 268 Application claims, the phosphate oligomer being taught
at 6:1–10, with the bisphenol-A moiety a preferred R9 connecting group.
(Answer at 5.)
23. The Examiner finds that "[said preferred bisphenol A as R9 does not
include the instantly recited isopropenylphenyl phosphate," and finds that
the claimed subject matter lacks novelty over Gaggar. (Answer at 5.)
24. Applicants argue that Eckel 930 does not teach or suggest that there
should be less than 1% IPP in its phosphorus compositions or the
polycarbonate, and that the declaration by Dr. Eckel, the inventor, shows
that commercially available phosphates corresponding to their formula (I)
had more than 1% IPP. (Br. at 5.)
25. Applicants do not argue for the separate patentability of any claim on
appeal.
26. The Examiner responds that Eckel 930 does not teach that
compound D.1 was commercially available, in contrast to compounds D.2
and D.3. (Answer at 5–6.)
27. The Examiner points further to a commercial product, NcendX P-30,
identified by Dr. Eckel, that has a low IPP content, and concludes that Dr.
Eckel's declaration is entitled to little weight. (Id. at 6.)
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