Ex parte MUELLER et al. - Page 6




         Appeal No. 1998-2425                                    Page 6          
         Application No. 08/656,871                                              


         depending therefrom would have a core formed of the                     
         polymerized butyl acrylate that is at least partially encased           
         by a shell made of a copolymer of the phased in (meth)acrylic           
         acid and butyl acrylate as urged by appellants in their                 
         briefs.                                                                 
              On the other hand, Kowalski (abstract, lines 1-8) is               
         directed to:                                                            
                   the production and use of water-insoluble                     
              particulate heteropolymers made by sequential                      
              emulsion polymerization in dispersed particles of                  
              which a “core” of a polymeric acid is at least                     
              partially encased in a “sheath” polymer that is                    
              permeable to a volatile base, such as ammonia or an                
              organic amine, adapted to cause swelling of the core               
              by neutralization.                                                 

              As described at column 5, line 9 through column 8, line 9          
         and column 8, line 53 through column 9, line 2 of Kowalski,             
         the core polymer of the applied reference is formed by                  
         polymerizing one or more acid monomers with or without a                
         plethora of monoethylenically unsaturated monomers, such as             
         butyl acrylate.  Thus, the product of Kowalski would                    
         reasonably be expected to have a polymerized acid monomer               
         present throughout the core since an acid monomer is used               
         throughout the formation of the core of Kowalski.                       







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