Appeal No. 2001-1241 Page 2
Application No. 09/101,234
salts or mixtures of the specified carboxylic acids, their
anhydrides and/or salts,
b) from 0.05 to 5% by weight of one or more compounds
having at least two ethylenically unsaturated, nonconjugated
double bonds in the molecule as crosslinker,
c) from 0.02 to 10% by weight of at least one C1-C30 alkyl
(meth)acrylate and
d) from 0 to 50% by weight of other water-insoluble monomers
copolymerizable with the monomers (a), (b) and (c).
The examiner relies on the following references:
Shukla et al. (Shukla) 5,169,645 Dec. 08, 1992
Schade et al. (Schade) WO 95/03790 Feb. 09, 1995
Claims 1-9 and 11 stand rejected under 35 U.S.C. § 103 as obvious in
view of the combined teachings of Shukla and Schade.
We reverse.
Background
Appellants’ specification discloses that “weakly crosslinked polycarboxylic
acids, which may be hydrophobicized, are widely used in cosmetics, medicine
and pharmacy.” Page 1. “These products are finely divided, often easily
electrostatically chargeable and very dusty powders.” Id. Their fine, dusty nature
makes the powders difficult to process and requires special safety measures to
keep them from being inhaled. See id.
“Press agglomeration enables the particle size of polymers to be
increased and thus the handleability of the powders to be improved.” Id.
Agglomerated carboxyl-containing polymers are suitable for the production of
aqueous gels, but not for the production of oil-containing systems such as
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