Ex parte YAMADA et al. - Page 3




          Appeal No. 1997-2437                                                        
          Application No. 08/230,378                                                  


          "conventional polystyrene sulfuric acid polymers lack the                   
          recited indane ring content of the subject polymers . . . they              
          do not result in dispersions having comparable stability to                 
          dispersions obtained using the subject polymers" (paragraph                 
          bridging pages 5 and 6 of Brief).                                           
               Appealed claims 1-8 stand rejected under 35 U.S.C.  103               
          as being unpatentable over appellants' acknowledged prior art,              
          considered alone, or in combination with Yax and Young.                     
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we agree with appellants that the                      
          examiner has not established a prima facie case of obviousness              
          for the claimed subject matter.  Accordingly, for essentially               
          the reasons expressed by appellants in their Brief, we will                 
          not sustain the examiner's rejection.                                       
               It is the examiner's position that since appellants'                   
          specification acknowledges that it was known in the art to                  
          produce polystyrenesulfonic acid as a dispersant, and it was                
          known in the art, as evidenced by the secondary references, to              
          use a cationic catalyst to polymerize styrene monomers,                     
          "[p]resence of indane terminals would be obvious in PSA                     
          because prior art polymers of styrene have been prepared by                 

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