Appeal No. 1999-0963 7
Application No. 08/787,189
With respect to the ion exchange resin required by the claimed subject matter, we
find that Ugelstad discloses styrene divinyl benzene ion exchange resins, at least some
being sulfonated, which are the same as those utilized in the specification. See column 3,
line 66 to column 4, line 2 and Examples 12 and 14 in columns 14 and 15 which utilize
styrene-divinyl benzene polymer resins. In comparison, the specification states that,
“[u]seful ion exchange polymer resins include sulfonated polystyrene resins, optionally
crosslinked with, for example divinyl benzene.” See specification, page 17, lines 19-20.
Furthermore, as to the requirement for nanoparticles, there is no limitation present
in the claimed subject matter directed to the maximum size of the nanoparticles. We find
that Ugelstad discloses a process suitable for the preparation of particles in the range of
0.5 µm, but it may also be used for the preparation of particles smaller than 0.5 µm, 0.5
microns constituting 500 nanometers. See column 2, lines 8-11. Accordingly, the
disclosure of Ugelstad is sufficient to meet the requirements of the claimed subject
matter. As to the requirement for the cobalt ferrite having a magnetic
3 o
anisotropy constant of about 107 erg/cm at about 300 K, it is well settled that when
appellants’ product and that of the prior art appear to be identical or substantially
identical, the burden shifts to appellants to provide evidence that the prior art product
does not necessarily or inherently possess the relied-upon characteristics of appellants’
claimed product. In re Fitzgerald,
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