Appeal No. 2006-3224 Page 7
Application No. 10/063,656
microspheres are formed in Rembaum’s process after polymerization is initiated,
without additional steps.
The Examiner argues that “Rembaum discloses emulsion aggregation.
Rembaum in column 7, lines 17-19, specifically discloses that large aggregates are
removed by centrifugation. Thus, since large aggregates are removed, then the process
has resulted in the formation of aggregates and only the large aggregates are
removed.” Answer, page 10. We do not agree with this reasoning. In the example the
Examiner describes, already formed polymeric microspheres are labeled with antibody.
Rembaum, beginning at column 6, line 51. During the labeling procedure, aggregates
are produced. Id., column 7, lines 15-19. These are removed by centrifugation. Id.,
column 7, lines 17-19. The formation of these aggregates is not part of Rembaum’s
emulsion polymerization process, but a result of the subsequent antibody labeling
process. Consequently, we do not consider it relevant that additional aggregates may
remain in the labeling solution after the centrifugation step. Furthermore, the Examiner
has not identified a reasonable basis for presuming that the hypothetical aggregates
which remain are coalesced into individual polymeric microspheres, instead of being
separate microspheres which have aggregated together but retain their individual
identity.
The Examiner also argues that “[c]oalescing or fusion takes place when the
polymerization mixture is heated [and] in Rembaum, [and that] the container containing
the mixture is placed in a hot water bath . . . would undergo coalescing.” Answer, pages
10-11; Rembaum, column 4, lines 60-68. However, this step is utilized to initiate the
polymerization of the monomers, and is not accompanied by a step of “aggregating” as
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