Ex Parte Burns et al - Page 3


               Appeal No. 2006-3224                                                                          Page 3                   
               Application No. 10/063,656                                                                                             

                       The claimed method is for forming polymeric microspheres.  It comprises two                                    
               basic steps: 1) forming the polymeric microspheres by an emulsion/aggregation                                          
               process; and 2) treating the polymeric microspheres.                                                                   
                       In the first step, the polymeric microspheres are formed by “an                                                
               emulsion/aggregation process from a precursor monomer species.”  This process is                                       
               further described by the claim to comprise “forming a polymeric resin from said                                        
               precursor monomer species and aggregating and coalescing said polymeric resin into                                     
               polymeric microspheres.”  No specific order is required by the claim for the                                           
               “aggregating” and “coalescing” steps.                                                                                  
                       “Polymeric microspheres” are described in the specification as “microspheres                                   
               formed (at least in part) from polymer.”  Specification, [0002].  Claim 1 further limits                               
               them to “an average particle diameter of from about 1 to about 15 microns with a narrow                                
               particle geometric size distribution of less than about 1.25.”                                                         
                       The “emulsion/aggregation process” is described by the specification as a                                      
               “known” technique.  Id., [0028].  “Such E/A [emulsion/aggregation] processes generally                                 
               include the steps of, e.g., emulsion, aggregation, coalescence, washing and drying.”                                   
               Id., [0029].  The specification lists numerous patents which disclose prior art emulsion/                              
               aggregation processes, particularly “a number of Xerox patents” which describe an                                      
               emulsion/aggregation process for the preparation of toner particles.  Id.                                              
                       According to the specification, the emulsion step can be accomplished by                                       
               agitating a resin in an aqueous media which can optionally include a surfactant.  Id.,                                 
               [0023], [0024], [0034] and [0115].  Aggregates can be formed from the polymerized                                      
               resin by the addition of cationic metal salts or cationic surfactants.  Id., [0023] and                                





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