Appeal No. 1996-1072
Application 08/132,289
3-4). The examiner, however, does not provide the required
explanation as to why appellants’ specification would not have
enabled one of ordinary skill in the art to carry out the
claimed invention without undue experimentation.
Consequently, we reverse the rejection under 35 U.S.C. § 112,
first paragraph.
Rejection over Gallagher in view of Flashinski and GAF
Gallagher discloses an unexpanded plastic having
dispersed therein discrete polymer particles which entrap an
insect repellant (col. 1, lines 5-9; col. 3, lines 11-17).
The examiner argues that Gallagher discloses polymeric
compositions incorporating polyvinyl pyrrolidone (PVP) and
unsaturated alkyls, and that Gallagher’s example III discloses
a mixture of PVP and hexyloxystearate which meets appellants’
claim requirement of PVP and a C alkyl group (answer, page
4-30
4). This argument is not well taken because appellants’
claims require an alkylated PVP, not a mixture of an alkyl
group-containing compound and PVP. Moreover, Gallagher
indicates that the product does not include a mixture of PVP
and the copolymer. The PVP is a surfactant or stabilizer in
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