Appeal No. 94-0822
Application No. 07/801,992
102 or 103. In re Warner, 379 F.2d 1011, 154 USPQ 173 (CCPA
1967).
In particular, Martin, rather than teach the preparation
of composite particles comprising a plurality of polymeric
latex particles adsorbed onto a titanium dioxide particle,
expressly discloses the polymeric encapsulation of a sheath
having a substantially uniform thickness onto pigment
particles. The examiner's characterization of Martin's
disclosure of a thin film coating as nothing more than "an
ideal concept" (page 12 of Answer) and Martin's disclosure of
an encapsulated filler as "a bit enthusiastic" (page 13 of
Answer) is without factual support on this record. Also, the
examiner's explanation at page 12 of the Answer how Martin's
in situ polymerization does not fall outside the scope of the
present claims, which require the polymerization of latex
particles "in the absence of the titanium dioxide particles,"
is simply an unartful attempt to interpret Martin in a way not
intended by the patentee, nor in a manner that would be
interpreted by one of ordinary skill in the art.
As for Pons, not only does the reference fail to disclose
composite particles, in general, let alone the specifically
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