Ex Parte SIMMONS et al - Page 3



          Appeal No. 2002-0173                                                        
          Serial No. 09/273,040                                                       
          concrete.  Appellants state that the accelerator in Ceska merely            
          improves the copolymerization and not the final curing of the               
          polymer concrete.  On pages 4 through 5 of the answer, the                  
          examiner responds to appellants' other arguments presented in the           
          brief, but does not specifically respond to the aforementioned              
          argument regarding the function of the catalyst disclosed in                
          Ceska.  Hence, we provide a response below.                                 
               We agree with appellants' interpretation of the function of            
          the catalyst set forth in Ceska.  Ceska discloses that one aspect           
          of the invention is a composition for preparing a polymer                   
          concrete comprising a substantial non aqueous slurry of (1) an              
          aggregate material and (2) a amount of a monomer binder system              
          wherein the binder comprises (a) a liquid comonomer component,              
          (b) a macromonomer component and (c) a polymerization catalyst.             
          See column 2, lines 30 through 41 of Ceska.  The catalyst system            
          (c) is described in column 7 beginning at line 36 of Ceska.                 
          Here, Ceska discloses that for a copolymerization of                        
          macromonomers and comonomers, free radical catalyst systems are             
          commonly employed.  Preferably, the free radical catalyst                   
          comprises an oil-soluble organic azo or peroxide primary catalyst           
          (initiator), often in combination with a co-catalyst, also known            
          as an accelerator or promoter.  Ceska discloses that useful                 
          accelerators are reducing agents such as tertiary amines,                   
          absorbic acid including isomers, reducing sugars, or transition             
          metal organic compounds.                                                    
               Bivens is concerned with a grouting composition comprising             
          (a) a first component containing a resin formulation comprising             
          an unsaturated polymerizable polyester resin mixed with a                   


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