Ex parte ZIEMELIS et al. - Page 2




          Appeal No. 95-3398                                                          
          Application No. 08/103,318                                                  


               The claims relate to a hydrophilic copolymer having a cross-           
          linked hydrophobic copolymer backbone with an acrylic acid or               
          methacrylic acid monomer polymerized on its surface, so that                
          carboxylic acid sites are formed on the surface of the                      
          hydrophobic backbone copolymer.                                             
               Claims 31 is illustrative and reads as follows:                        
               31.  A hydrophilic copolymer comprising a cross-linked                 
          hydrophobic polymer, produced by precipitation polymerization in            
          a solvent of at least one polyunsaturated ester monomer soluble             
          therein, the polymer containing a monomer polymerized on the                
          surface of the hydrophobic polymer, in order to form carboxylic             
          acid sites on the surface of the hydrophobic polymer, the polymer           
          being in a form including unit particles of less than about one             
          micron in average diameter, fused unit particles of sizes in the            
          range of about twenty to eighty microns in average diameter, and            
          aggregates of clusters of fused unit particles of sizes in the              
          range of about two hundred to about twelve hundred microns in               
          average diameter, the monomer polymerized on the surface being              
          selected from the group consisting of acrylic acid and                      
          methacrylic acid.                                                           
               The examiner relies upon the following references of record            
          as the evidentiary basis for rejecting appellants’ claims:                  
          Albright                      3,767,600           Oct. 23, 1973             
          Frechtling                    3,892,822           July 01, 1975             
          Carmody et al. (Carmody)      4,948,818           Aug. 14, 1990             
               The following rejections are before us for consideration:              
               I.  Claims 27-34 stand rejected under the judicially created           
          doctrine of obviousness-type double patenting over claims 1-14 of           
          Carmody.                                                                    


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