Ex Parte Krishnan - Page 3




          Appeal No. 2004-2233                                                        
          Application No. 10/100,331                                                  



          either Masuda or Michels.  (Answer at 4-7.) 1                               
               We reverse the rejection based on Masuda but affirm the                
          rejection based on Michels for the reasons well stated in the               
          answer.2                                                                    
               We consider first the rejection based on Masuda.  Masuda               
          teaches an aqueous dispersion of a vinyl copolymer resin solution           
          in water, the vinyl copolymer resin solution being obtained by              
          polymerizing 1-15 parts by weight of a polyoxyethylene-containing           
          hydrophilic monomer in which the polyoxyethylene moiety has an              
          average molecular weight of 2,000 to 10,000, 85-99 parts by                 
          weight of at least one specific polymerization vinyl monomer, and           
          0-5 parts by weight of á,â-unsaturated carboxylic acids, salts              
          thereof, or anhydrides thereof in an organic solvent.  (Column 2,           
          lines 1-12.)  According to Masuda, triethylammonium methacrylate            
          may be used as a comonomer.  (Column 3, lines 35-42; Example 13.)           
          Masuda further teaches that the structure of the polyoxyethylene            


               1  The final rejections under 35 U.S.C. § 102(b) of the                
          appealed claims over U.S. Patent Nos. 4,735,991 issued to Guioth            
          et al. on Apr. 5, 1988, 4,943,612 issued to Morita et al. on Jul.           
          24, 1990, and 5,312,863 issued to Van Rheenen et al. on May 17,             
          1994 have been withdrawn.  (Answer at 3.)                                   
               2  The appellant submits that “the [appealed] claims stand             
          or fall together.”  (Appeal brief filed Mar. 15, 2004, p. 2.)  We           
          therefore select claim 1 as representative and confine our                  
          discussion to this representative claim.  See 37 CFR §                      
          1.192(c)(7)(2003)(effective Apr. 21, 1995).                                 

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