Appeal No. 1997-0227
Application No. 08/113,147
Having interpreted the phase at issue, we now turn to the
teachings of Fryd '192 to determine whether it is reasonable
to conclude that the microgel disclosed in Fryd '192 is
identical or substantially identical to the claimed microgel,
and therefore, shift the burden to appellants to establish
otherwise. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430,
433 (CCPA 1977) (where the claimed and prior art products are
identical or substantially identical, the PTO can require an
applicant to prove that the prior art products do not
necessarily or inherently possess the characteristics of the
claimed product).
The disclosure of Fryd '192 is directed to photosensitive
compositions containing core shell microgel binders.
According to Fryd '192 (col. 3, lines 25-31):
[T]he core shell microgel binder has two domains, a
core having less than 10% crosslinking and an
aqueous processible non-crosslinked outer shell
consisting of an acid-modified copolymer, and
further wherein the monomer partitions in the shell
of the microgel and the shell is grafted to the core
using at least 0.1% of a grafting agent.
The grafting agent is said to polymerize "with both the core
and shell monomers, thus, forming a chemical bond between the
core and the shell" (col. 5, lines 64-66).
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