Ex parte LU et al. - Page 5




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


                         Based on the entirety of the Frazee disclosure and appellants' specification                                          
                disclosure, it is our view that is there is no meaningful distinction between appellants'                                      
                hydrophobic polymer and the support resins within the scope of the Frazee disclosure.                                          
                Appellants'  specification, at page 8, discloses that the preferable number average                                            
                molecular weight of the hydrophobic polymer is about 500 to about 20,000, and that the                                         
                hydrophobic polymers include polystyrene,  poly(methylmethacrylate) resin, and poly(alpha-                                     
                methylstyrene).  In like fashion Frazee discloses that the support resin may be comprise a                                     
                polymer derived from one monomer, such as methacrylic acid, styrene and alphamethyl                                            
                styrene, and the molecular weight of the support resin should be in the range of about                                         
                1,000 to about 20,000.  (Col. 5, lines 21 et seq.)  Hence, it can be seen that the support                                     
                resin of Frazee may comprise the same polymers as appellants' hydrophobic polymer,                                             
                with the molecular weight ranges of the polymers being virtually coincident.  In our view, the                                 
                only difference between the claimed hydrophobic polymer and the polymers within the                                            
                scope of the Frazee disclosure is a mere semantical one.  Also, we are convinced that                                          
                Frazee's support resins which are dispersible in water properly qualify as water insoluble.                                    
                The Condensed Chemical Dictionary defines a dispersion as a system of minute particles                                         
                that are suspended in  a liquid, gaseous or solid medium.  Manifestly, a suspension of                                         
                solid particles comprises insoluble, not soluble, material.                                                                    




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