Ex Parte GELARDEN - Page 23




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


          in coating compositions, such as Campbell’s branched polymers,               
          some of which have polydispersities greater than 15 (abstract;               
          col. 8, lines 43-44; tables 1, 3 and 7).                                     
               Cleary discloses aqueous dispersions of polymers which are              
          made by reacting a monoethylenically unsaturated monomer with a              
          multiethylenically unsaturated monomer and can be used to make               
          printing ink binder resins or overprint varnishes as well as                 
          other coating compositions (abstract; col. 3, lines 57-60;                   
          col. 8, lines 48-56).  This disclosure would have fairly                     
          suggested, to one of ordinary skill in the art, using                        
          monoethylenically unsaturated monomers and multiethylenically                
          unsaturated monomers which were known to be suitable in making               
          polymers for coating compositions, such as those of Campbell                 
          which produce branched polymers, some of which have                          
          polydispersities greater than 15 (abstract; col. 8, lines 43-44;             
          tables 1, 3 and 7).                                                          
               The appellant argues that Campbell is nonanalogous art and              
          that the evidence in the second Gelarden declaration and the                 
          Oberski declaration overcomes any prima facie case of obviousness            
          of claim 26 over Tutt or Cleary, in view of Campbell (brief,                 
          pages 25-26).  These arguments are not convincing for the reasons            
          given above regarding the rejection of claim 23.                             

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