Ex parte VAN DAMME et al. - Page 4




                 Appeal No. 2000-0812                                                                                     Page 4                        
                 Application No. 08/989,469                                                                                                             


                          The prior art references of record relied upon by the                                                                         
                 Examiner in rejecting the appealed claims are:                                                                                         
                 Vrancken et al. (Vrancken)                            4,004,924                                    Jan. 25,                            
                 1977                                                                                                                                   
                 Haugh et al. (Haugh)                                  4,496,652                                    Jan. 29,                            
                 19851                                                                                                                                  
                 Coppens et al. (Coppens)                              5,273,858                                             Dec.                       
                 28, 1993                                                                                                                               
                 Verburgh et al. (Verburgh)                            WO 94/18005                                  Aug. 18,                            
                 1994                                                                                                                                   
                                                              (International Application)                                                               
                          Claims 11 through 16 and 18 stand rejected under 35                                                                           
                 U.S.C.   § 103 as being unpatentable over Vrancken in view of                                                                          
                 Appellants’ admission of prior art and Coppens.  Claims 17 and                                                                         
                 19 stand  rejected under 35 U.S.C. § 103 as being unpatentable                                                                         
                 over Vrancken in view of Appellants’ admission of prior art                                                                            
                 and Coppens in combination with Verburgh.                                 2                                                            
                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the Examiner and Appellants regarding the above-noted                                                                               
                 rejections, we make reference to the answer (Paper No. 14,                                                                             

                          1The Examiner cites Haugh in the answer to demonstrate                                                                        
                 that homodispersity of Coppens is also known as                                                                                        
                 monodispersity.                                                                                                                        
                          2We note that the rejection of claims 14, 15 and 19                                                                           
                 under  35 U.S.C. § 112, as set forth in the final rejection                                                                            
                 (Paper No. 6, mailed March 4, 1999, has been withdrawn by the                                                                          
                 examiner subsequent to entry of amendments to claims 14 and 19                                                                         
                 (papers No. 8 and 11, filed May 4, 1999 and August 4, 1999,                                                                            
                 respectively).                                                                                                                         





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