Ex parte NEFF et al. - Page 3




                     Appeal No. 1996-2115                                                                                                                                              
                     Application 08/809,933                                                                                                                                            


                     23.  Highly branched, water-soluble, high molecular weight, non-ionic polymeric                                                                                   
                     microparticles wherein said microparticles have an average unswollen diameter of less                                                                             
                     than 0.1 micron, a solution viscosity of at least 2.0 mPa.s and a methylenebisacrylamide                                                                          
                     content of from 2 to 80 molar parts per million based on the monomeric units present in the                                                                       
                     polymer, said units comprising those of an acrylamide, an N-alkylacrylamide, an N,N-                                                                              
                     dialkylacrylamide, N-vinylmethylformamide, or N-vinyl pyrrolidone.                                                                                                
                     26.  Polymeric microparticles as defined in Claim 23 wherein said solution viscosity                                                                              
                     is at least about 2.2 mPa.s.                                                                                                                                      
                     27.  Polymeric microparticles as defined in Claim 26 wherein said solution viscosity                                                                              
                     is at least about 2.4 mPa.s.                                                                                                                                      
                     29. Polymeric microparticles as defined in Claim 23 comprising acrylamide                                                                                         
                     homopolymer.                                                                                                                                                      
                                The references relied upon by the examiner are:                                                                                                        
                     Flesher et al. (Flesher)                            4,720,346                           Jan. 19, 1988                                                             
                     Morgan et al. (Morgan)                            3,968,037                           Jul.  06, 1976                                                              
                     Zweigle et al. (Zweigle)                            4,172,066                           Oct. 23, 1979                                                             
                     Candau et al. (Candau)                           4,521,317                           Jun. 04, 1985                                                                
                     The rejections before us are:                                                                                                                                     
                     I.    Claim 29 stands rejected under 35 U.S.C. § 112, second paragraph.2                                                                                          




                                2Appellants’ brief listed claims 1, 4, 5, 8, 10, 13, 23, 26, 27 and 29 as rejected                                                                     
                     under 35 U.S.C. § 112, second paragraph (brief, page 3). The examiner, in his answer,                                                                             
                     withdrew the rejection of claim 1 as being indefinite and was silent as to the status of                                                                          
                     claims 4, 5, 8, 10,13, 23, 26 and 27 (answer, page 2) but maintained his rejection of claim                                                                       
                     29.  The examiner noted that only claim 29 stands rejected under 35 U.S.C.                                                                                        
                     § 112, second paragraph (answer, page 3).  Accordingly, we treat claim 29 as the only                                                                             
                     claim rejected under 35 U.S.C. § 112, second paragraph.                                                                                                           

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