Ex parte SCHADE et al. - Page 2




                 Appeal No. 1998-3101                                                                                                                   
                 Application 08/313,175                                                                                                                 


                                                                THE INVENTION                                                                           
                          The appellants’ claimed invention is directed toward a                                                                        
                 copolymer which, the appellants state, is useful as a                                                                                  
                 thickener or dispersant in cosmetic, pharmaceutical and                                                                                
                 industrial applications (specification, page 8, lines 33-35).                                                                          
                 Claim 1 is illustrative and is appended to this decision.                                                                              
                                                                THE REFERENCE                                                                           
                 Snow et al. (Snow)            4,463,080            Jul. 31,                                                                            
                 1984                                                                                                                                   
                                                               THE REJECTIONS                                                                           
                          Claims 1, 3 and 4 stand rejected under 35 U.S.C. § 112,                                                                       
                 first and second paragraphs, on the grounds that the claimed                                                                           
                 invention is not described in such full, clear, concise and                                                                            
                 exact terms as to enable one of ordinary skill in the art to                                                                           
                 make and use the same, and/or for failing to particularly                                                                              
                 point out and distinctly claim the subject matter which the                                                                            
                 appellants regard                                                                                                                      
                 as the invention,  and under 35 U.S.C. § 102(b) as anticipated1                                                                                                       

                          1In the examiner’s answer, the rejections under 35 U.S.C.                                                                     
                 § 112, first and second paragraphs, are applied to claims 1-3.                                                                         
                 These grounds of rejection were applied to claims 1-4 in the                                                                           
                 final rejection (paper no. 8), and the examiner has given no                                                                           
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