Ex parte BUCKLEY et al. - Page 2




              upon performance properties of the product.                                                                   
                     The references relied upon by the examiner are:                                                        
              Del Pico       (Del Pico)            4,160,726            Jul.  10, 1979                                      
              Kuhls et al. (Kuhls)                 4,369,266            Jan. 18, 1983                                       
                     Claims 22 and 23 stand rejected under 35 U.S.C. ' 112, second paragraph.  The                          
              claims also stand rejected under 35 U.S.C. ' 103.  As evidence of obviousness, the                            
              examiner relies on Del Pico and Kuhls.  We reverse both grounds of rejection.                                 
              Background                                                                                                    
                     The equipment for making a polymer latex product must be cleaned on a regular                          
              basis.  The cleaning operations result in the dilution of the polymer latex product with water,               
              producing a whitewater with a solid concentration of about normally 5% by weight or less,                     
              although it may be higher.1  Typical whitewaters may contain emulsion-sized particles of                      
              polymers and are generated by combining batches of different polymer types, with the                          
              entire mixture treated as a single waste stream.1                                                             
                     The whitewater emulsion often presents a waste-disposal problem.                                       
              Semipermeable membrane filtration, particularly ultrafiltration, is used to concentrate the                   
              whitewater emulsion.  Solids are recovered, along with various cleaning agents and                            
              miscellaneous contaminants, and typically buried in land-fills or used as a filler in asphalt or              
              as a dust-control agent on roadways.2                                                                         
                     The membrane in the ultrafiltration process is subject to fouling by coagulum which                    
              is formed when the whitewater emulsion is sheared and the latex destabilized.  The                            
              destabilized latex does not retain the performance properties found in the originally                         


                                                                                                                            
                     1 Specification, p. 2, lines 18-29.                                                                    
                     2 Specification, paragraph bridging pp. 2 and 3.                                                       


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