Appeal No. 1999-0781 Page 2
Application No. 08/236,328
BACKGROUND
Appellants’ invention relates to polymeric compounds which are useful as thickeners for
aqueous compositions, especially emulsion polymer latexes (specification at 1, ll. 7-8). Claim
29, the only claim on appeal, is illustrative:
29. A polymer composition comprising a backbone of poly- (acetal- or ketal-polyether)
which has ends that are capped with hydrophobic groups independently selected from the group
consisting of alkyl groups having from about 9 to about 15 carbon atoms, and alkylphenyl groups
wherein the alkyl groups have from about 6 to about 10 carbon atoms.
The prior art references of record relied upon by the Examiner in rejecting the appealed
claims are:
Lenke et al. (Lenke) 3,997,613 Dec. 14, 1976
Kelsey 5,093,460 Mar. 3, 1992
Claims 29 stands rejected under 35 U.S.C. § 103 as being unpatentable over Kelsey in view
of Lenke. We reverse substantially for the reasons presented by Appellants and add the following
for emphasis.
OPINION
The Examiner finds that Kelsey discloses polyketal polyethers end capped with an end
capping reagent such as methyl chloride (Answer at 3). The difference between Kelsey’s polymer
and the claimed polymer is that the claimed polymer must be end capped with with alkyls having
from about 9 to about 15 carbon atoms. Therefore, the Examiner looks to Lenke which, according
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