Ex parte MATSUI et al. - Page 7




               Appeal No. 96-0473                                                                                                  
               Application No. 08/082,727                                                                                          


               is assisted by and maintained by a block and/or graft copolymer which compatibilizes these two                      

               separate materials within the core component.                                                                       





                       While conceding that the microphase separation structure of Crystal is formed between the                   

               disperse phase and the encapsulating matrix (Answer, para. bridging pages 7-8), the examiner                        

               maintains                                                                                                           

                              Wellman et al., while teaching the core can be solvent poor, teach that the core                     
                       is not solvent free (col. 9, l. 5-17) and Wellman et al. teach the core can be a mixture of                 
                       various materials, both liquid and solid and that the resin is dispersed in a liquid (col. 4,               
                       l. 51 to col. 5, l. 40; and col. 6, l. 3-46).  Therefore, Wellman et al. teach the core                     
                       material comprises two or more materials. [Answer, page 7]                                                  

               The examiner’s position is not well taken for the following reasons.                                                

                       First, Wellman discloses that the core material may be any suitable liquid or solid material                

               soluble or dispersible in the same solvent or mixture of solvents as the wall material (col. 4, lines 51-           

               55).  Wellman goes on to provide a number of examples of suitable liquid core materials and mixtures                

               thereof (col. 4, line 55 - col. 5, line 5), suitable semi-solid core materials and mixtures thereof (col. 5,        

               lines 5-17), and suitable solid core materials and mixtures thereof (col. 5, lines 17-37).  While                   

               Wellman specifies that mixtures within each group are acceptable, we do not find where Wellman                      




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