Ex parte GEE - Page 10




          Appeal No. 1996-2336                                                        
          Application 08/270,345                                                      


          size is produced.  Such a desired particle size can be any                  
          desired size including that of the particles made in Graiver’s              
          examples 9 and 10.                                                          
               For the above reasons, we affirm the rejection under 35                
          U.S.C. § 102(b).                                                            
                          Rejection of claims 2 and 3 under                           
                            35 U.S.C. § 103 over Graiver                              
               In Graiver’s examples 9 and 10, the cyclicsiloxane,                    
          nonionic surfactant and water are added to                                  
          dodecylbenzenesulfonic acid and water while mixing at 85EC.                 
          In view of Graiver’s teaching that temperature affects the                  
          rate of polymerization (page 6, lines 44-49), one of ordinary               
          skill in the art would have been motivated to heat both the                 
          dodecylbenzenesulfonic acid catalyst-containing component and               
          the cyclicsiloxane-containing component to the mixing                       
          temperature to provide better control over the temperature of               
          the polymerization.  In light of Graiver’s disclosure that the              
          nonionic surfactant, with which the cyclicsiloxane is mixed                 
          prior to being added to the catalyst, does not catalyze the                 
          polymerization (page 6, lines 14-15), such a person would have              
          had a reasonable expectation of success in obtaining the                    

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