Ex parte NEFF et al. - Page 2




                 Appeal No. 95-3682                                                                                                                     
                 Application No. 08/028,916                                                                                                             


                          This appeal was taken from the examiner's decision                                                                            
                 rejecting claims 1 through 10, 46 and 48 through 57.  Claim                                                                            
                 58, which is the only other claim remaining in the                                                                                     
                 application, stands withdrawn from further consideration by                                                                            
                 the examiner as directed to a non-elected invention.                                                                                   
                          Claim 1, which is illustrative of the subject matter on                                                                       
                 appeal, reads as follows:                                                                                                              
                          1.  An unsheared, water-soluble, branched, cationic,                                                                          
                 poly-meric flocculant having a molecular weight of over one                                                                            
                 million, a solution viscosity of at least about 1.8 mPa.s                                                                              
                 measured in a Brookfield viscometer with a UL adapter at 25EC                                                                          
                 on a 0.1 percent, by weight, polymer solution in 1M NaCl at 60                                                                         
                 rpm, a solubility quotient of greater than about 30 percent                                                                            
                 and a branching agent content of from about 4 to about 80                                                                              
                 molar parts per million based on initial monomer content, said                                                                         
                 flocculant being efficient when added as a true solution to                                                                            
                 dispersions of suspended solids for the purpose of releasing                                                                           
                 water therefrom.                                                                                                                       
                          The reference relied on by the examiner is:                                                                                   
                 Flesher et al. (Flesher)                                   4,720,346                         Jan. 19, 1988                             
                          The issue presented for review is whether the examiner                                                                        
                 erred in rejecting claims 1 through 10, 46 and 48 through 57                                                                           
                 under 35 U.S.C. § 102 as anticipated by or, in the                                                                                     
                 alternative, under 35 U.S.C. § 103 as unpatentable over                                                                                
                 Flesher.2                                                                                                                              

                          2In the Final Rejection mailed May 6, 1994 (Paper No.                                                                         
                 9), the examiner also rejected claims 1 through 10, 46 and 48                                                                          
                                                                         -2-                                                                            




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