Appeal No. 96-2945
Application No. 08/263,163
emulsion of a block copolymer that is functionalized with a
grafted acid compound. Asahi also teaches that the acid
compound is preferably used in an amount of 0.1 to 10 parts by
weight, which amount is a description of the claimed "at least
4% by weight." See Ex parte Lee, 31 USPQ2d at 1106. While
Asahi does not expressly disclose t at the block copolymer is
hydrogenated, the examiner correctly points out that the
Encyclopedia evidences that it was known in the art to
hydrogenate block copolymers of the type claimed and disclosed
by Asahi for the purpose of imparting advantageous properties
to the block copolymer (see page 808 of Encyclopedia).
Accordingly, we concur with the examiner that it would
have been obvious for one of ordinary skill in the art to
hydrogenate the block copolymer of Asahi in preparing the
disclosed emulsion.
Appellants contend that "[t]here is nothing in the
encyclopedia reference which would suggest that hydrogenated
block copolymers, functionalized or not, could be emulsified
at all, much less without a surfactant" (page 5 of Brief).
However, as explained by the examiner, one of ordinary skill
in the art would have hydrogenated the block copolymers of
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