Appeal No. 96-3933
Application 07/829,899
We also note that there is no meaningful distinction between appellants' preparation
of the latex and the process disclosed Frazee. The present specification discloses at
page 14 that "[t]he latex adhesives of the present invention are produced by emulsifying a
mixture of water, acrylate and vinyl monomers, hydrophobic polymer, ionic
copolymerizable surfactant, optionally chain transfer agent, and optionally crosslinker."
Frazee, on the other hand, expressly teaches co-feeding a portion of the monomers along
with the support resin to a composition of water and surfactant (col. 6, lines 66, et seq.)
Accordingly, based upon the sameness in the monomers used to prepare
appellants' hydrophobic polymer and Frazee's support resin, as well as the sameness in
molecular weight of appellants' hydrophobic polymer and Frazee's support resin, in
addition to the correspondence between appellants' and Frazee's method of preparing the
latex comprising the hydrophobic polymer and the support resin, we find the conclusion
inescapable that Frazee teaches and, thereby, renders obvious the claimed hydrophobic
polymer.
Appellants assert at page 14 of the principal brief that "Frazee is merely listing a
number of monomers, both hydrophilic and hydrophobic, which can be used to prepare a
hydrophilic support resin." According to appellants, if styrene is chosen as a
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