Ex parte HALL et al. - Page 5




          Appeal No. 95-4036                                                           
          Application No. 08/137,332                                                   


               Markle discloses a process for the non-aqueous dispersion               
          polymerization of a conjugated diolefin monomer, such as                     
          butadiene (Abstract).  In the process disclosed in Markle, a                 
          block copolymer dispersing agent is prepared in a separate                   
          process and thereafter added to the polymerization mixture                   
          (see Examples 1-33; col. 29, lines 30-48).  Gunesin discloses                
          a multi-stage process for homopolymerizing anionically                       
          polymerizable vinyl aromatic monomers, such as styrene (col.                 
          1, lines 59-62).  The polymeric dispersing agent used in the                 
          process disclosed in Gunesin is “advantageously a block                      
          copolymer” (col. 2, lines 19-26).  However, Gunesin fails to                 
          disclose whether the dispersing agent is prepared in a process               
          separate from the disclosed homopolymerization process or is                 
          prepared in situ.                                                            
               According to the examiner (Answer, p.3):                                
               The only difference seen between these two patents                      
               and the instantly claimed process is that the Markle                    
               patent teaches the polymerization of the conjugated                     
               diolefin and Gunesin teaches the polymerization of                      
               styrene.  The instantly claimed process is directed                     
               to the preparation of a copolymer which contains 35                     
               to 70% of styrene and 30 to 65% of the conjugated                       
               diene monomer.  The Examiner maintains however that                     
               given the fact that both of the cited references                        
               teach dispersion polymerization in the presence of                      
               the block copolymer dispersion stabilizer, then it                      
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