Appeal No. 1996-2115
Application 08/809,933
examples 15-17, on page 20 of the specification, refer to the production of “acrylamide
homopolymers” branched with MBA. Accordingly, we will not sustain the rejection of claim
29 under 35 U.S.C. 112, second paragraph.
35 U.S.C. § 103 rejections
A
Claims 1, 4, 5, 8, 10, 13, 23, 26, 27 and 29 stand rejected under 35 U.S.C. § 103
as being unpatentable over Flesher and Morgan. We reverse this rejection.
In the parent application, Serial No. 07/643,309, claims 1 and 4-13 were rejected
under 35 U.S.C. § 103 over Flesher. The Board affirmed this rejection (Appeal No.
93-0557) on November 23, 1993 (Paper No. 10) and in that decision concluded that the
evidence of nonobviousness did not outweigh the evidence of obviousness. The Board
stated that “to the extent appellants rely upon the results set forth in Table 1 as evidence of
nonobviousness, we point out that comparative Examples 1 through 6 do not state the
particle size of the particles in those emulsion. Thus, this evidence is of little value.” (Board
decision, paragraph bridging pages 6-7). Now, appellants, in the continuation application
• •
before us explain that the emulsions of Examples 1 - 6 have particle sizes of about 1.0
micron (brief, page 11 referring to page 16, lines 1-3 of specification).
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