Ex Parte Kauffman et al - Page 2

                Appeal 2007-2671                                                                                
                Application 10/461,955                                                                          

                comprise, as polymerized units, at least one multiethylenically unsaturated                     
                monomer; wherein said polymeric nanoparticles have mean diameter of 1                           
                nm to 50 nm; wherein said polymeric nanoparticles are made by a process of                      
                free radical solution polymerization in an organic solvent; and wherein the                     
                total solids level of said curable fluids is 75% or higher.                                     

                       The Examiner relies upon the following references as evidence of                         
                obviousness:                                                                                    
                Rowley    6,420,023 B1  Jul. 16, 2002                                                           
                Young    6,883,908 B2  Apr. 26, 2005                                                            

                       Appellants' claimed invention is directed to a curable fluid comprising                  
                polymeric nanoparticles.  The total solids level of the curable fluid is 75% to                 
                higher.                                                                                         
                       Appealed claims 1, 2, 4, and 5 stand rejected under 35 U.S.C. § 103(a)                   
                as being unpatentable over Rowley.                                                              
                       Appellants do not set forth an argument that is reasonably specific to                   
                any particular claim on appeal.  Accordingly, all of the appealed claims                        
                stand or fall together with claim 1.                                                            
                       We have thoroughly reviewed each of Appellants' arguments for                            
                patentability.  However, we are in complete agreement with the Examiner                         
                that the claimed subject matter would have been obvious to one of ordinary                      
                skill in the art within the meaning of § 103 in view of the applied prior art.                  
                Accordingly, we will sustain the Examiner's rejection for essentially those                     
                reasons expressed in the Answer.                                                                
                       There is no dispute that Rowley, like Appellants, discloses a curable                    
                fluid comprising polymeric nanoparticles having the claimed mean diameter.                      
                The principal argument advanced by Appellants is that Rowley does not                           

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