Appeal No. 1997-1515
Application 08/361,891
218 USPQ 385, 388 (Fed. Cir. 1983); In re Herz, 537 F.2d 549,
551, 190 USPQ 461, 463 (CCPA 1976); In re Okuzawa, 537 F.2d
545, 548, 190 USPQ 464, 466 (CCPA 1976). In doing so, we
conclude that the claim requires a second monomer and also a
functional monomer, i.e., the functional monomer is different
from the second monomer (page 9, lines 25-26; page 10, lines
14-19; page 13, line 23; page 14, lines 21-16). Also,
appellant’s claim 49 requires that the second monomer and the
functional monomer both are at least partially polymerized.
Ahmed discloses that a monomer is polymerized to form the
hydrophilic shell around the hydrophobic polymer core
particles (col. 4, line 60 - col. 5, line 2). The examiner
has not established, however, that Ahmed’s neutralizing agents
are polymerized in his process.
Ahmed’s disclosure that the formation of a hydrophilic polymer
shell around the hydrophobic polymer core particles is
followed by addition of a neutralizing agent to the dispersion
to change the surface acid groups into salts (col. 8, lines
55-68; col. 22, lines 19-23) indicates that polymerization of
the neutralizing agent does not take place.
-7-7
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