Ex Parte SCHADE et al - Page 1




                          The opinion in support of the decision being entered today was not written             
                                 for publication and is not binding precedent of the Board.                      
                                                                                   Paper No. 11                  
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                  __________                                                     
                            BEFORE THE BOARD OF PATENT APPEALS                                                   
                                          AND INTERFERENCES                                                      
                                                  __________                                                     
                               Ex parte CHRISTIAN SCHADE, ROBERT HEINZ,                                          
                                  THEKLA BORS, and HANS-ULRICH WEKEL                                             
                                                  __________                                                     
                                             Appeal No. 2001-1241                                                
                                           Application No. 09/101,234                                            
                                                  __________                                                     
                                                   ON BRIEF                                                      
                                                  __________                                                     
                Before WILLIAM F. SMITH , ADAMS, and GRIMES, Administrative Patent                               
                Judges.                                                                                          
                GRIMES, Administrative Patent Judge.                                                             

                                            DECISION ON APPEAL                                                   
                       This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                    
                final rejection of claims 1-9 and 11, all of the claims remaining.  Claim 1 is                   
                representative and reads as follows:                                                             
                       1.    A granular material obtainable by pressing mixtures of at least one                 
                             carboxyl-containing polymer as main component and at least one                      
                             oil-soluble component, wherein use is made of a polymer                             
                             component obtainable by free-radical-initiated copolymerization of                  
                             monomer mixtures comprising                                                         
                             a)     from 50 to 99.93% by weight of a monoethylenically                           
                                    unsaturated C3-C6-monocarboxylic acid, a monoethylenically                   
                                    unsaturated C4-C8-dicarboxylic acid or their anhydrides or                   






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