Ex Parte ARAKI et al - Page 2




                 Appeal No. 2003-1926                                                                                    Page 2                   
                 Application No. 09/095,842                                                                                                       

                                                              INTRODUCTION                                                                        
                         The claims are directed to an aqueous dispersion of a vinylidene fluoride (VdF) polymer                                  
                 and to the method of preparing a paint composition with the dispersion.  Claims 6, 12, and 15 are                                
                 illustrative:                                                                                                                    
                         6. An aqueous dispersion of a vinylidene fluoride polymer, which comprises a vinylidene                                  
                 fluoride polymer having an average particle size of not more than 200 nm and a surfactant,                                       
                 wherein a solid content is from 30 to 50% by weight, a content of the surfactant is not more than                                
                 1% by weight on the basis of water, and the surfactant consists essentially of at least one of a                                 
                 fluorine-containing surfactant.                                                                                                  
                         12. An aqueous dispersion of a vinylidene fluoride polymer, which comprises a                                            
                 vinylidene fluoride polymer having an average particle size of not more than 320.1 nm, wherein a                                 
                 solid content is from 30 to 50% by weight, and a content of a fluorine-containing surfactant is not                              
                 more than 1% by weight on the basis of water.                                                                                    
                         15. An aqueous dispersion of a vinylidene fluoride polymer, which comprises a                                            
                 vinylidene fluoride polymer having an average particle size of not more than 196.3 nm, wherein a                                 
                 solid content is from 30 to 50% by weight, and a content of a fluorine-containing surfactant is not                              
                 more than 2% by weight on the basis of water.                                                                                    
                         All of the claims are rejected under 35 U.S.C. § 112, ¶ 1 as follows:                                                    
                         1.       Claims 6-11 stand rejected for lack of enablement.                                                              
                         2.       Claims 6-17 stand rejected for lack of written descriptive support.                                             
                         We affirm with regard to the rejection based on lack of enablement, but reverse with                                     
                 regard to the rejection based on lack of written description.  Our reasons follow.                                               













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