Ex parte NEFF et al. - Page 4




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


          optimum concentration of chain-transfer agent during                        
          polymerization is necessary "to control the structure and                   
          solubility of the polymer" (specification, page 10, lines 1                 
          and 2).  The optimum concentration of chain-transfer agent can              
          be determined by measuring the solubility quotient                          
          (specification, page 10, lines 24 through 26).  As stated by                
          applicants,                                                                 
               Use of a chain-transfer agent in concentrations such                   
               that the solubility quotient is less than 30 percent                   
               provides products that are not soluble.  Only when                     
               optimum concentrations are used, effectuating a                        
               solubility quotient greater than 30 percent, do the                    
               polymers exhibit the required solubility character-                    
               istics.  Thus, the soluble polymers of this                            
               invention all possess a minimum solubility quotient                    
               of over 30 percent, preferably over 40 percent and                     
               even more preferably over 50 percent.  Many exhibit                    
               a solubility quotient of greater than 90 percent.                      
               [Specification, page 11, lines 4 through 14].                          
          On this record, the examiner has not established that Flesher               
          discloses or suggests a polymeric flocculant having "a                      
          solubility quotient of greater than about 30 percent."  The                 
          examiner has not established that Flesher suggests using an                 
          optimum concentration of chain-transfer agent during                        
          polymerization, or using any other methodology, to achieve a                
          solubility quotient of greater than about 30 percent.  Simply               
          stated, the examiner has not established that the prior art                 
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