Appeal No. 95-3682
Application No. 08/028,916
teachings would have led a person having ordinary skill from
"here to there," i.e., from the polymeric flocculants of
Flesher to the claimed polymeric flocculants having "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."
Second, as correctly argued by applicants, Flesher's
polymer does not function as a flocculant unless the polymeric
material is in the form of small particles rather than a true
solution. This is the antithesis of the invention disclosed
and claimed by applicants where the polymeric flocculant is
"efficient when added as a true solution to dispersions of
suspended solids for the purpose of releasing water
therefrom." In other words, the claimed polymeric flocculants
function in a state (true solution) where those of Flesher do
not and cannot. See particularly the Flesher patent, column
3, line 58 through column 4, line 4. Again, in our judgment,
Flesher constitutes insufficient evidence to support a finding
of anticipation or a conclusion of obviousness of claims
requiring that the polymeric flocculant be "efficient when
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