Appeal No. 1997-2376 Application 08/199,863 about 40.0 weight % of encapsulated water based on the total of said composition; and contacting the dispersion with polymer particles. THE REFERENCES Hyche et al. (Hyche) 4,880,470 Nov. 14, 1989 Sharma 5,204,022 Apr. 20, 1993 THE REJECTIONS Claims 49, 50, 53 and 54 stand rejected as follows: under the judicially created doctrine of obviousness-type double patenting over claims 1-47 of Sharma, and under 35 U.S.C. § 103 over Hyche. OPINION We have carefully considered all of the arguments advanced by appellant and the examiner and agree with appellant that the aforementioned rejections are not well founded. Accordingly, we reverse these rejections. We need to address only claim 49, which is appellant’s sole independent claim. Obviousness-type double patenting rejection Appellant’s claim 49 requires, inter alia, that the 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007