Appeal No. 95-3647
Application No. 08/169,782
1. A stable, gel-free water-in-oil microdispersion
comprising 1) a continuous phase of a hydrocarbon oil and an
emulsifier which is effective so as to prevent the detrimental
agglomeration of polymer micelles and 2) a discontinuous phase
comprising micelles of an aqueous solution of an hydroxamated
vinyl polymer having a weight average molecular weight of over
about 1,000,000.
The examiner relies upon the following references as
evidence of obviousness:
Von Euler-Chelpin 3,753,939 Aug. 21, 1973
Anderson et al. (Anderson) Re. 28, 474 July 8, 1974
Candau et al. (Candau) 4,521,317 June 4, 1985
Fong et al. (Fong) 4,886,872 Dec. 12, 1989
Appellants' claimed invention is directed to a stable, gel-
free water-in-oil microdispersion comprising a continuous phase
and a discontinuous phase. The continuous phase comprises a
hydrocarbon oil and an emulsifier, whereas as the discontinuous
phase comprises micelles of an aqueous solution of an
hydroxamated vinyl polymer. The weight average molecular weight
of the polymer is over about 1,000,000.
Appellants submit at page 3 of the Brief that, with the
exception of claim 3, all the appealed claims stand or fall
together.
Appealed claims 1-9 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to particularly
point out and distinctly claim the subject matter appellants
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