Ex parte HIMES et al. - Page 8




          Appeal No. 96-2945                                                          
          Application No. 08/263,163                                                  


          ordinary skill in the art, and we note that appellants have                 
          not responded to the examiner's finding that:                               

               [T]he improvement in the water emulsion stability                      
               upon increasing of the amount of the polar                             
               functional groups grafted upon the copolymers does                     
               not appear to be unexpected since it goes to the                       
               well known scientific principle of solubility, and                     
               the fact that a more polar compound will be more                       
               soluble in a polar solvent - water.                                    
          (See page 9 of Answer).  Furthermore, as noted above, Asahi                 
          discloses a preference for using at least 4% by weight of the               
          acid compound, and appellants have presented no objective                   
          evidence that the hydrogenation of Asahi's block copolymers                 
          produces unexpected results.                                                
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is affirmed.                         














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