Appeal No. 1996-3995
Application 08/283,721
The method of claim 1 on appeal clearly requires that the
“water-insoluble solvent” (e.g., an oil) is “dispersed or
emulsified in an aqueous polymer solution” (thus producing an
O/W type emulsion). JP ‘677 clearly states that their
composition is formed as a W/O type emulsion (see pages 8-9).
Accordingly, every claim limitation is not described by the
reference and therefore the rejection of the claims on appeal
under 35 U.S.C.
§ 102(b) cannot be sustained.
The examiner has not shown that Example 2(e) of JP ‘677
is identical in composition to that required in the claims on
appeal. The examiner states that Example 2(e) contains 20.48%
water “as in instant claim 3" but claim 3 recites a minimum
water content of 30% by weight (Answer, page 3; see the
specification, page 10, lines 2-5). Regardless, on this
record the examiner has not established that identical
compositions would necessarily form the same type of
emulsions, independent of any method of preparation.
JP ‘677 does disclose an O/W type emulsion for
comparative purposes but the amounts of water-insoluble
solvent (turpentine) and water soluble polymer (Carbopol #934)
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