Appeal No. 1997-3307
Application No. 08/121,402
5. A method of preparing an aqueous fluidized polymer
suspension of methylcellulose, methythydroxylcellulose, and
methythydroxyethylcellulose polymer, having a bulk density
of 0.3 g/cc or greater, comprising dissolving a salt in
water to form a salt solution and then suspending such
polymer in the salt solution to form a dispersion with a
high solids content of 20% by weight or greater.
6. A method of preparing a joint compound with
greater than 50% adhesion to wall board tape comprising
adding the aqueous fluidized suspension of claim 1 to a
joint compound formulation.
The examiner relies up the following prior art as
evidence of unpatentability:
Bürge 4,069,062 Jan. 17, 1978
Burdick et al. (Burdick ‘908) 5,228,908 Jul. 20, 1993
Burdick et al. (Burdick ‘909) 5,228,909 Jul. 20, 1993
Knechtel et al. (Knechtel) 5,258,069 Nov. 02, 1993
The examiner also relies upon application serial
number 08/168,895, filed on December 17, 1993.
The following grounds of rejection are presented for
our review on this appeal:
I. Claims 1-5 stand previsionally rejected under the
judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1-16 of co-
pending application S.N. 08/168,895.
II. Claims 1-5 stand rejected as unpatentable under
35 U.S.C. § 102(e) as anticipated by, or in the alternative
under 35 U.S.C. § 102(e)/§ 103(a) as obvious over Burdick
‘908 and Burdick ‘909.
III. Claim 6 stands rejected as unpatentable under
35 U.S.C. § 102(e)/§ 103 for obviousness over Burdick ‘908
and Burdick ‘909 in view of Knechtel.
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