Ex Parte GELARDEN - Page 4




          Appeal No. 2002-0701                                                         
          Application 09/201,269                                                       


          and 24 under 35 U.S.C. § 103 as obvious over Puschak in view of              
          Campbell; and claim 26 under 35 U.S.C. § 103 as obvious over Tutt            
          or Cleary, in view of Campbell.                                              
                                       OPINION                                         
               We reverse the rejections of claims 1-22, 25, 27 and 28, and            
          affirm the rejections of claims 23, 24 and 26.5                              
                    Rejection of claims 1-7, 9-18, 25, 27 and 28                       
                       under 35 U.S.C. § 102(e) over Campbell                          
               Campbell discloses a method for making a hyperbranched                  
          polymer by polymerizing a monomer mixture comprising at least one            
          monoethylenically unsaturated monomer and at least one                       
          multiethylenically unsaturated monomer (col. 3, lines 6-23).                 
          Some of the exemplified polymers have polydispersities above 15,             
          i.e., 25.75, 62.3, 68.26, 105.6 and 107.4 (col. 9, lines 11                  
          and 43; col. 12, lines 55-58).  Campbell’s polymers “may be                  
          readily employed to form effective coating compositions” (col. 8,            
          lines 43-44).                                                                




               5 As stated in the remand mailed March 28, 2002 (paper                  
          no. 20), the examiner’s comments on the merits in the                        
          notification that the reply brief has been entered (office action            
          mailed February 22, 2002, paper no. 19) were improper.  Hence, we            
          do not consider these comments or the appellant’s reply to them              
          (filed March 22, 2002, paper no. 21) in reaching our decision.               
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