Appeal No. 1996-1942 9
Application No. 07/977,834
lines 45-47. Aggregates when impressed with a fixing pressure are broken and
deformed and become flowable upon impression of pressure thereon. See column 3,
lines 4-13. The pressure permits the adhesive to flow into gaps between solid particles
of pigment and/or magnetic substance which thereafter resolidifies upon release of the
pressure. See column 3, lines 14-18 and 41-45. We find that the tacky substances
include emulsion polymerized acrylate or methacrylate monomers selected from
monomers which include 2-ethylhexyl esters of acrylic or methacrylic acid. See column
3, lines 57-61 and Examples 11, 12, 19 and 20. We further find that the composition
of Sawai is thereafter encapsulated using encapsulating materials such as gum arabic,
gelatin, urea-formaldehyde polycondensate, and polyamide. See column 5, lines 7-39.
We conclude that the capsules of Sawai are the same as those of the claimed subject
matter. See claim 20, and specification, page 5, lines 7-12.
Two essential distinctions however, are found between the instant claimed subject
matter directed to the claimed method and the disclosure of Sawai. Each of the method
claims present in the claimed subject matter requires the presence of an acrylate or
methacrylate monomer or monomers, a free radical initiator and the application of heat.
Sawai, in contrast discloses the encapsulation of copolymers. The monomer or co-
monomers have previously been polymerized in all cases prior to encapsulation. See
Sawai Examples 11, 12, 19 and 20. Therefore, the disclosure of Sawai lacks the
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