Appeal No. 2000-1156
Application No. 08/578,706
employ the claimed cross-linked copolymer for stabilizing an oil-
in-water emulsion. Specifically, the examiner has not identified
any suggestion or motivation in Arraudeau, which would have led
one of ordinary skill in the art to utilize a cross-linked
copolymer produced by precipitation polymerization of
monoethylenically unsaturated C3-C6 carboxylic acids, their
anhydrides or mixtures thereof and cross-linking compounds having
at least two non-conjugated ethylenic double bonds in forming a
stabilized oil-in-water emulsion. See, e.g., In re Baird,
16 F.3d 380, 382, 29 USPQ2d 1550, 1552 (Fed. Cir. 1994). Nor has
the examiner’s reliance on Denzinger and Sehm remedied the above
deficiencies. Denzinger, for example, teaches using its cross-
linked copolymer obtained from precipitation polymerization as a
thickener for neutral and alkaline aqueous systems, rather than
for oil-in-water emulsion systems. Similarly, Sehm does not
indicate that its cross-linked copolymer obtained from
precipitation polymerization is useful for an oil-in-water
emulsion.
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