Ex parte SHARMA - Page 3




          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                    

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