Appeal No. 96-3933
Application 07/829,899
monomer, Frazee discloses that styrene be copolymerized with hydrophilic monomers to
give an overall hydrophilic polymer. However, we are not persuaded by this argument
because Frazee provides no teaching that the support resin must be a hydrophilic polymer.
Rather, Frazee discloses that the support resin may be dispersible in water which, by
definition requires a hydrophobic polymer. Also, as noted above, Frazee specifically
discloses that the support resin may be comprised of one of the listed monomers,
including three monomers disclosed in appellants' specification as suitable for
polymerizing into a hydrophobic polymer, namely, methacrylic acid, styrene, and alpha-
methylstyrene.
Appellants contend at page 8 of the reply brief that "Frazee requires the introduction
of higher levels (from about 10 to about 40% by weight) of Frazee's water-dispersible or
soluble support resin", and "[a]dditions of such high levels of water sensitive component
runs contrary to this essential inventive aspect of Appellants' latex." However, whereas
appellants claim "about 0.5 to about 20 percent by weight of a hydrophobic polymer",
Frazee discloses that the support resin preferably comprises about 10 to about 25 percent
by weight of the total solids (Col. 5, lines 32-35). Hence, Frazee expressly discribes a
preferable amount of hydrophobic polymer that is directly within the claimed range. Also, it
is not clear from appealed claim 1 what the recited percentage of hydrophobic polymer is
based upon.
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