Ex parte SCHWARZ - Page 14




          Appeal No. 1998-3281                                                        
          Application 08/650,500                                                      


               Xu discloses that hydrophobic graphite particles may be                
          dispersed in aqueous media by using comb-like polymers with both            
          hydrophilic and hydrophobic side chains.  Specifically, Xu found            
          DAPRAL GE 202 polymers obtained from Akzo Chemie America which              
          are ethoxylated maleic anhydride-alpha-olefin copolymers to be              
          useful.  Xu recognized that the hydrocarbon chains on the polymer           


          adsorbed on the graphite through hydrophobic interaction leaving            
          the ethoxylated chain to extend into solution.  The polymers were           
          found to stabilize colloidal suspensions of graphite particles in           
          aqueous media.                                                              
               We observe that although appellant's claims are couched in             
          terms of being claims to a process, the "process" comprises                 
          "incorporating" into an apparatus a particular composition.                 
          Thus, although nominally "process" claims, the apparatus recited            
          in the claims and the method of using same were, as shown by the            
          extensive prior art in this proceeding, exceedingly well-known in           
          the art at the time appellant's made their invention.                       
          Accordingly, the question of obviousness here revolves around               















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