Ex parte KANDA et al. - Page 3




          Appeal No. 96-2323                                                          
          Application 08/116,555                                                      


               The claims stand rejected under 35 U.S.C. § 103 as                     
          follows: claims 1-3, 5, 7-15, 17 and 18 over Fan; claim 16                  
          over Fan in view of 13 Encyclopedia of Polymer Science and                  
          Engineering; and claims 4 and 16 over Fan in view of Cadel.                 
                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellants and the examiner and agree with                      
          appellants that the aforementioned rejections are not well                  
          founded.  Accordingly, we reverse these rejections.                         
               We first address the rejection of appellants’ broadest                 
          process claim, which is claim 1, and then address the                       
          rejection of product-by-process claim 18.                                   
                                Rejection of claim 1                                  
               Fan discloses a process for making a water-in-oil                      
          emulsion of a water-soluble polymer by polymerizing at least                
          one water-soluble vinyl monomer which is in a water-in-oil                  
          emulsion (col. 2, lines 3-20).  Before the polymerization is                
          initiated, the water-in-oil emulsion is deoxygenated by a                   
          method such as subjecting it to a vacuum of from about 50 to                
          about 500 mm of mercury under an inert gas atmosphere at a                  

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