Appeal No. 95-3647
Application No. 08/169,782
Anderson discloses the preparation of water-in-oil emulsions
having acrylamide polymers in the water phase for use as
flocculating agents, and further discloses at column 4, lines 25
et seq., the inclusion of emulsifiers that are preferred by
appellants. In addition, Anderson teaches that it is desirable
that the microemulsions be stable and comprise a polymer of a
particle size within the range of 5 millimicrons up to about 5
microns (column 4, lines 24-32). Anderson also teaches that the
acrylamide polymers are of greatest usefulness when their
molecular weight is in excess of 1,000,000, as required by the
appealed claims (column 2, lines 28-32). Accordingly, when the
water-in-oil emulsions of Fong are prepared in accordance with
Anderson, we agree with the examiner that there is no apparent
distinction between the microemulsions of the prior art and
appellants' water-in-oil microdispersion. We also agree with the
examiner that although Fong and Anderson do not expressly
disclose microemulsions that are gel-free, based on the close
correspondence between appellants' and Anderson's method of
preparing the microemulsion, the burden is properly upon
appellants to prove with objective evidence that the prior art
microemulsions are not gel-free, at least to the extent that the
term "gel-free" is broadly defined by appellants' specification.
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