Appeal No. 94-0822
Application No. 07/801,992
claimed structure of the composite particles, the reference
fails to teach any of the process parameters disclosed by
appellants which are necessary to obtain the claimed composite
particles.
Visca, the remaining reference applied by the examiner,
likewise fails to disclose a process that is essentially like
the one claimed. Indeed, Visca discloses that preformed
dispersions of inorganic filler and polymer must be separately
prepared before mixing them together. Manifestly, this is
unlike the claim requirement of suspending titanium dioxide
particles in an aqueous suspension of polymeric latex
particles. Also, although it may be possible to select from
within the broad disclosure of Visca titanium dioxide
particles and polymeric latex particles having a difference in
zeta potential of at least about 30 mv, Visca provides no
guidance to do so. A finding of inherency cannot be based
upon an applicant's disclosure of specific process parameters
that are only broadly encompassed by a prior art disclosure.
The examiner states the following at page 20 of the
Answer: "[w]hile Visca only discloses a matrix wherein the
particles of polymer and pigment are uniformly dispersed, it
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