Ex parte NIESSNER et al. - Page 5




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


                    formation of agglomerates of primary particles which then can                                                                                          
                    easily be filtered.  The preparation of fine polymer particles in                                                                                      
                    prior art processes is one of the known disadvantages of emulsion                                                                                      
                    polymerization because of the difficulty in coagulating and                                                                                            
                    separating the polymer from the latex.  Thus prior art workers                                                                                         
                    have turned to the suspension polymerization technique to                                                                                              
                    overcome some of the difficulties present in the emulsion                                                                                              
                    polymerization and to produce a granular product directly.   With                                                   3                                  
                    the above technical background in mind, we turn to the stated                                                                                          
                    rejections of the appealed claims.                                                                                                                     
                              It is well settled that the examiner has the initial burden                                                                                  
                    to establish a prima facie case of unpatentability over prior                                                                                          
                    art.  In the present case, the examiner relies on the combined                                                                                         
                    teachings of a number of prior art references but principally on                                                                                       
                    the disclosures in Flesher.  According to the examiner (Answer,                                                                                        
                    page 3), Flesher teaches emulsion polymerization of small                                                                                              
                    diameter water soluble polymers using a combination of                                                                                                 
                    emulsifiers, crosslinking agents and free radical initiators.  As                                                                                      
                    accurately argued by appellants, however, Flesher’s disclosed                                                                                          
                    process involves the reverse-phase suspension polymerization of                                                                                        

                              3    See Polymers and Resins by Brage Golding, Ph.D., D. Van Nostrand                                                                        
                    Company, Inc., Princeton, New Jersey, pages 134 and 142, copyright 1959, copy                                                                          
                    attached.                                                                                                                                              
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