Appeal No. 95-1872
Application 07/953,340
vehicle (p. 1, lines 39-43) The upper limit of the particle size of the polymer is disclosed to be less than
50 microns (p. 5, lines 105-108) with Example 6 disclosing 20 micron particle sizes. The examiner
acknowledges that Stangroom does not specifically disclose the polymeric particles as being polymeric
sponges, but reasons that since Stangroom’s polymer particles “absorb” water, the particles function in the
same manner as appellant’s polymeric sponge and therefore “are in fact polymeric sponges” (Answer, p.
4).
Appellant’s claim 1 defines the electro-rheological fluid composition as comprising a mixture of
dielectric oil and a polymeric sponge material having an electro-rheological constituent (water) entrapped
therein during polymerization with the polymeric sponge material being 20-50% by weight of the electro-
rheological fluid composition. The claimed polymer sponge material is described as being “inert with
respect to the dielectric oil and existing as 10-30 micron beads, each said bead having a network of pores
and a calculated cross-linking density in excess of 10%, said electro-rheological constituent having been
entrapped in each said network of pores during polymer-ization of each said bead ....” The examiner notes
that Stangroom does not teach entrapping the electro-rheological constituent in the pores of the bead during
polymerization, but considers this limitation in appellant’s claim 1 to be a process limitation, and as such,
“the end product of Stangroom appears to be the same as the end product as instantly claimed ...”
(Answer, p. 4). The examiner concludes that “it appears that the water-containing polymer particles of
Stangroom are in fact polymeric sponges” because the function of Stangroom’s polymeric particles is to
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