Ex parte NEFF et al. - Page 8




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


                                                              B                                                               
                      Claims 23, 26-27, and 29 stand rejected under 35 U.S.C. § 103 as being                                  
              unpatentable over Candau and Zweigle.  We affirm this rejection.                                                
                      Candau teaches nonionic polymeric microparticles, useful in enhanced oil recovery,                      
              made by polymerizing acrylamide and MBA to form a microlatex, having a diameter radius                          
              less than 50 nm (particle diameter of .025 microns)  ( column 1, lines                                          
              19-20 and column 2, lines 18-61).  Candau discloses that the polymeric microparticles                           
              have a high molecular weight generally above 1,000,000 (column 2, lines 49-50). Candau                          
              further teaches the viscosity of the system is low (column 2, lines 33-36 and column 4, lines                   
              35-40).                                                                                                         
              Candau fails to expressly describe the amount of MBA to be added to the polymeric                               
              microparticles.  In addition, Candau fails to directly teach that the solution viscosity of the                 
              microparticles is at least about 2.0 mPa.s. Finally, Candau is silent as to whether the                         
              polymeric microparticles are water-soluble.                                                                     
                      Zweigle, like Candau, is directed to polymeric microparticles useful in enhanced oil                    
              recovery operations (column 2, lines 25-28 and 45-50).  Zweigle adds MBA ( a                                    
              cross-linking agent) during the formation of polymeric microparticles from monomers such                        
              as acrylamide in an amount that is sufficient to cross-link the polymer to form a discrete,                     
              spheroidal, water-swellable microgel (column 4, lines 1-20), i.e., the amount                                   


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