Ex parte LU et al. - Page 3




                Appeal No. 96-3933                                                                                                             
                Application 07/829,899                                                                                                         


                         (b)  about 30 to about 60 percent by weight of an aqueous phase;                                                      
                                          wherein said weight percentages of (a) and (b) are each                                              
                                 based on the total weight of said latex.                                                                      
                         The examiner relies upon the following references as evidence of obviousness:                                         
                         Frazee                           4,879,333                         Nov. 07, 1989                                      
                         PPG Industries, Inc. (WO '618) WO 89/12618                                 Dec. 28, 1989                              
                         (Published World Intel. Prop. Orig. Application)                                                                      
                         Appellants'  claimed invention is directed to a latex that finds utility as a pressure                                
                sensitive adhesive composition.  The latex comprises a solid phase and an aqueous                                              
                phase, with the solid phase comprising a polyacrylate and a hydrophobic polymer that is                                        
                incapable of reacting with the monomers which polymerize to the polyacrylate.  According                                       
                to page 8 of the present specification, "[t]he term 'hydrophobic polymer' as used herein                                       
                refers to a water insoluble polymer."                                                                                          
                         Appellants submit at page 9 of the principal brief that "claims 1 through 11 shall be                                 
                considered in a single group and shall stand or fall together with the patentability of claim                                  
                1."                                                                                                                            
                         Appealed claims 1-11 stand rejected under 35 U.S.C. § 103 as being unpatentable                                       
                over Frazee in view of WO '618.                                                                                                
                         We have thoroughly reviewed each of appellants' arguments for patentability.                                          
                However, we are in full agreement with the examiner that the claimed subject matter                                            



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