Interference No. 102,922
Interference No. 103,088
that could be purchased in the open market and that its
composition and formula was publicly available at the time in
question (GB
41). Gill cites in Appendix C a number of U.S. Patents which
clearly identify AKD and cationic resins in Hercon® emulsions.
Generally, documents attached to a parties' brief, which were
not properly submitted into the record pursuant to 37 CFR §
1.682, are not given any consideration by the Board. In this
instance, however, we have considered these documents viewing
Gill's acknowledgment as an admission. These documents
establish the formula for alkyl ketene dimers where R is
hydrocarbon with a minimum of 8 carbons (U.S. Patent
4,470,877, column 8, lines 27-35; and 4,426,466, column 4,
line 59-column 5, line 2); that AQUAPEL® 364 purchasable from
Hercules contains AKD made from a mixture of palmitic and
stearic fatty acid (U.S. Patent
3,905,397, col. 4, lines 53-56); that Hercon® 40 commercially
available from Hercules contains AKD treated with
epichlorohydrin/aminopolymer resin formed by reacting
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