Ex parte NEFF et al. - Page 3




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


                                     DISCUSSION                                       
               On consideration of the record, we reverse the examiner's              
          prior art rejection of claims 1 through 10 and 46.  Respecting              
          claims 48 through 57, which improperly depend from canceled                 
          claims, we remand this application so that the examiner may                 
          take further, appropriate action.                                           
               Independent claim 1 requires that applicants' polymeric                
          flocculant have                                                             
               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.                                             
          In our judgment, Flesher constitutes insufficient evidence to               
          support a finding of anticipation or a conclusion of                        
          obviousness of claims containing those limitations.                         
               First, applicants make clear that adding a chain-transfer              
          agent, in optimum concentration, is essential to the practice               
          of their invention.  According to applicants, adding an                     

          through 57 under 35 U.S.C. § 102 as anticipated by or, in the               
          alternative, under 35 U.S.C. § 103 as unpatentable over                     
          Japanese Patent 238,780.  Apparently, that rejection has been               
          withdrawn because it is not repeated or referred to in the                  
          Examiner's Answer.                                                          
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