Appeal No. 1997-0227
Application No. 08/113,147
(2) Claims 12 and 14 are rejected under 35 U.S.C. § 103
as being unpatentable over Fryd '192 in view of Fryd '175.
(3) Claims 2-5 and 7 are rejected under 35 U.S.C. § 103
as being unpatentable over Fryd '192 in view Mirle.
(4) Claims 1-11 and 13 are rejected under 35 U.S.C. § 103
as being unpatentable over Feinberg in view of Fryd '192.
Claim interpretation
The claims on appeal are directed to a photosensitive
element having a photosensitive layer comprising:
[A]n elastomeric microgel binder having a core
comprising a homopolymer or copolymer of an
elastomeric monomer and a shell comprising a
copolymer of the elastomeric monomer and a monomer
having acidic functionality, wherein the shell
copolymer is formed by polymerizing the monomer
having acidic functionality with unpolymerized
elastomeric monomer from the core . . . .
Central to this appeal is the meaning of the phrase
"unpolymerized elastomeric monomer from the core" recited in
claim 1.
According to the specification, the claimed microgels are
formed by the following process (pp. 8-10):
To prepare the core shell microgel, the core
butadiene homopolymer or copolymer, is first formed
as a latex dispersion by emulsion polymerization.
Emulsion polymerization generally refers to
polymerization in an aqueous system in which a
3
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