The opinion in support of the decision being entered
today was not written for publication and is not binding
precedent of the Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte JOACHIM PAKUSCH,
JOACHIM ROSER, MAXIMILLIAN ANGEL
and ANDREE DRAGON
______________
Appeal No. 2000-1832
Application 08/868,736
_______________
HEARD: October 8, 2002
_______________
Before WARREN, LIEBERMAN and KRATZ, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to
allow claims 32 through 54 and 56 through 59, 61 and 62 as amended and claim 63 as added
subsequent to the final rejection. Appellants cancelled claims 55 and 60 subsequent to the final
rejection. Claims 32 and 33 are illustrative of the claims on appeal:
32. A process for preparing an addition-polymer powder suitable for modifying a binding
mineral building material by drying an aqueous addition-polymer dispersion whose film has a
glass transition temperature Tg ≤ 30°C and to which a drying assistant has been added, which
comprises adding to the aqueous addition-polymer dispersion before drying only a drying
assistant which has plasticizing effect in the ready-to-use mix of the binding mineral building
material with water and admixing the resulting dry addition-polymer powder with at least one
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