Ex parte NIESSNER et al. - Page 7




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


          suggests the production of a finely divided polymer powder which            
          consists of an agglomerization of primary particles having a mean           
          particle size of from 0.1 to 20 Fm as required by the appealed              
          process.                                                                    
               With respect to appealed claim 9 which is directed to a                
          finely divided crosslinked polymer powder comprising agglomerates           
          of primary particles having a mean particle size of from .1 to 20           
          Fm, the examiner has cited no reference which shows an                      
          agglomerate as defined by this claim which when introduced into             
          water disintegrates into the primary particles.  Compare Anderson           
          at column 3, lines 52-64.                                                   
               The decision of the examiner is reversed.                              

                                      REVERSED                                        






                                                       )                              
                         JOHN D. SMITH                 )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              

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