Ex Parte CHENG et al - Page 13


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

          additives”, examples which are set forth at column 11, at lines             
          5-12, which include cationic, anionic or nonionic surfactants,              
          and mildew proofing agents.                                                 
               In view of the aforementioned disclosure of Tsutsumi, we               
          find that Tsutsumi generates a latex by the polymerization of a             
          mixture of olefinic monomers, wherein at least one of olefinic              
          monomers is an anionic sulfonate monomer satisfying the formula             
          set forth of appellants’ claim 8 (and therefore also claims 9,              
          10, 11, 13, and 14, as explained, supra, in sections II, III, and           
          IV, of this decision, further discussed below).                             
               In view of the above, we affirm this rejection.                        
          X.   The rejection of claims 9 and 16 under 35 U.S.C. § 103 over            
               Tsutsumi in view of either Puschak or Villiger                         
               Our analysis for this rejection is based upon the same                 
          interpretation of claim 9 discussed in section II of this                   
          decision.  Based upon this interpretation, we find that Tsutsumi            
          makes obvious the subject matter of claim 9.  Hence, we affirm              
          the rejection of claim 9.                                                   
               With respect to claim 16, our comments are also the same in            
          connection with the other rejection of claim 16 involving the               
          reference of Collins, discussed in section II of this decision.             
          In view of these comments, we reverse the rejection of claim 16.            
          XI.  The rejection of claims 10 and 11 under 35 U.S.C.                      
               § 103 over Tsutsumi in view of Lundberg                                
               Our analysis for this rejection is based upon the same                 
          interpretation of claims 10 and 11 made in section III of this              
          decision, and we therefore affirm this rejection in view of                 
          Tsutsumi alone.                                                             
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