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 Apparently, that rejection has been withdrawn because it is not repeated or referred to in the Examiner's Answer. -3-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007