Ex parte SCHAUBER - Page 3


                 Appeal No. 1997-0433                                                                                                              
                 Application 08/230,582                                                                                                            

                 (meth)acrylate monomer, from about 5 weight percent to about 85 weight percent of the second                                      
                 (meth)acrylate monomer and from about 5 weight percent to about 50 weight percent of the styrenic                                 
                 monomer, to provide a solution of from about 30 weight percent to about 90 weight percent of a                                    
                 viscosity index improving copolymer in the diluent, said solution including less than or equal to 1000                            
                 parts by weight residual styrene monomer per one million parts by weight solution.                                                
                         8.  A viscosity index improving copolymer solution made by the method of claim 1.                                         
                         The appealed claims as represented by claims 1 and 82 are drawn to a method for making a                                  
                 viscosity index improving copolymer solution comprising at least (1) polymerizing a monomer mixture in                            
                 an oil soluble diluent and in the presence of a polymerization initiator to form a polymerization                                 
                 intermediate, wherein the monomer mixture comprises at least a first (meth)acrylate monomer with an                               
                 alcohol moiety independently selected from (C16-C24)alkyl, a second (meth)acrylate monomer with an                                
                 alcohol moiety independently selected from (C7-C15)alkyl and a styrenic monomer in the amounts                                    
                 specified; and (2) polymerizing, in the presence of the polymerization intermediate, additional                                   
                 (meth)acrylate monomer consisting essentially of the first or second (meth)acrylate monomer or a                                  
                 mixture thereof, in the amounts indicated.  The viscosity index improving copolymer solution so                                   
                 prepared is specified in claim 1 to contain about 30 weight percent to about 90 weight percent of the                             
                 copolymer in the diluent, and to include less than or equal to 1000 parts by weight residual styrene                              
                 monomer per one million parts by weight solution.  The viscosity index improving copolymer solution                               
                 characterized by the method specified in claim 1 is encompassed by claim 8.  According to appellant,                              
                 “current environmental and health concerns dictate that the amount of residual styrenic monomer present                           
                 in any commercial embodiment of the copolymer be reduced to a level below 1000 parts per million”                                 
                 (specification, page 1).                                                                                                          
                         The references relied on by the examiner are:                                                                             
                 Jarvis et al. (Jarvis)                             4,933,400                                 Jun. 12, 1990                      

                 Suzuki et al. (Suzuki)3                            59-20715                                  May 15, 1984                       
                                                                                                                                                   
                 2  Appellant, in the brief (page 3), has grouped process claims 1 and 4 through 7 and product claims 8                            
                 through 10, which groups of claims have been separately rejected by the examiner. Thus, we select                                 
                 claims 1 and 8 on which to decide this appeal. 37 CFR  1.192(c)(7) (1995).                                                       
                 3  We refer in our opinion to the translation of Suzuki submitted by appellant in the information                                 
                 disclosure statement of July 22, 1994 (Paper No. 7).                                                                              

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