Ex Parte CHENG et al - Page 5


          Appeal No. 2002-0178                                                        
          Application 09/385,909                                                      

               We are mindful of appellants’ comments regarding the                   
          preparation of the SAAP and the PPAE.  However, as stated by the            
          examiner on page 20 of the answer, Collins, at column 4 beginning           
          at line 52, states that another preferred ink composition                   
          contains a pigment and a mixture of PPAE latex and an                       
          acetoacetoxy-functional polymer latex (SAAP).  Also, we refer to            
          column 6, beginning at line 31 of Collins, which discloses that             
          the ionic sulfonate monomer and other stabilizing monomers may be           
          incorporated into the SAAP.  Hence, in fact, the acetoacetoxy-              
          functional polymer (SAAP) is polymerized in the presence of                 
          olefinic monomers and also in the presence of an ionic sulfonate            
          monomer.                                                                    
               In view of the above, we find that Collins does anticipate             
          claims 1-8, 12, 15, 18-21, 24, 27, 28, 31, 41, and 43.  We note             
          that appellants do not argue the other claims in connection with            
          this anticipation rejection, and therefore we need only consider            
          the patentability of separate claims to the extent that                     
          appellants argue them.  Hence, in this rejection, appellants only           
          argue claim 1 and we therefore only need to consider claim 1.  We           
          do note that with respect to claim 8, the sodium 2-acrylamido-2-            
          methylpropane sulfonate disclosed in column 6 at lines 31-34 of             
          Collins anticipates the formula set forth therein.                          
               For the reasons stated above, we affirm this rejection.                
          II.  The rejection of claims 9 and 16 under 35 U.S.C. § 103 as              
               being unpatentable over Collins in view of either Puschak or           
               Villiger                                                               

               We note that claim 9 depends on claim 8.  Claim 9 recites              
          “wherein m is zero, or 1.”  Hence, m can have the value of 1 in             
          claim 9.  Collins meets the requirement of claim 9 when m is 1,             
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