Ex parte NIESSNER et al. - Page 4




          Appeal No. 95-0757                                                          
          Application 07/795,307                                                      


          Flesher et al. (Flesher)           4,599,379      Jul.  8, 1986             

               Claims 3, 6, 8, and 9 stand rejected under 35 USC § 103 over           
          Flesher in view of Yamasaki and Anderson.  Appealed claim 5                 
          stands similarly rejected under the same section of the statute             
          further in view of Elfers.  Appealed claim 10 stands similarly              
          rejected in view of the prior art references above further in               
          view of Friedrich.                                                          
               We reverse.                                                            
               The subject matter on appeal is directed to a water-in-oil             
          emulsion polymerization process for producing a finely divided              
          polymer powder in the form of an agglomeration of primary                   
          particles having a mean particle size of from 0.1 to 20 Fm.                 
          According to the claimed process, water-soluble monomers are                
          polymerized in the aqueous phase of a water-in-oil emulsion in              
          the presence of a water-in-oil emulsifier, a cross-linking agent,           
          an oil-in-water emulsifier and an initiator; a protective colloid           
          is added after polymerization is completed; water is removed by             
          azeotropic distillation; and the finally divided polymer powder             
          is isolated as an agglomerate.  Basically, appellants have                  
          discovered that the addition of a protective colloid to the                 
          water-in-oil emulsion after polymerization allows for the                   


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