Appeal No. 2006-3224 Page 9
Application No. 10/063,656
Because we do not find that the cited prior art discloses or suggests the claimed
step of “aggregating and coalescing said polymeric resin into polymeric microspheres,”
we conclude that the Examiner has not provided adequate evidence to establish a case
of prima facie obviousness for claims 1, 3-7, 9-14, 21-24, and 26-30. This rejection is
reversed. Because the rejections of the remaining claims 8, 15-20, and 25 depend on
claim 1 and the combination of Renbaum and Callegaro, these rejections are also
reversed.
Other issues
In their application, Appellants admit that emulsion/aggregation processes are
known for making particles, including colored particles. Specification, [0029]. They cite
numerous patents which disclose these processes. Id. Having construed claim 1 not to
require the presence of a biomedical functional material, we suggest the Examiner
reconsider these patents, or other prior art describing the known emulsion/aggregation
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