Ex Parte KRONER et al - Page 1




               The opinion in support of the decision being entered                    
               today was not written for publication in a law journal                  
               and is not binding precedent of the Board.                              
                                                               Paper No. 21            

                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                                                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                                                                      
                      Ex parte HUBERRUS KRONER, WOLFGANG KLANIG,                       
                    BRADLEY RONALD MORRISON, RAINER KLOSTERMANN,                       
                        HOLGER SCHOPKE and WALTER KASTENHUBER                          
                                                                                      
                                 Appeal No. 2002-0865                                  
                              Application No. 08/940,996                               
                                                                                      
                                       ON BRIEF                                        
                                                                                      
          Before KIMLIN, PAK and OWENS, Administrative Patent Judges.                  
          KIMLIN, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 2-6 and            
          11-18.  Claim 11 is illustrative:                                            
               11.  A process for preparing homo- or copolymers of at least            
          one of the polymerizable monomers of the group consisting of                 
          styrene, butadiene, vinyl chloride, vinyl acetate, vinylidene                
          chloride, alkyl (meth)acrylate (meth)acrylic acid,                           
          (meth)acrylonitrile and (meth)acrylamide in an emulsion                      
          polymerization technique at at least 40°C in the presence of a               
          dispersing auxiliary and of a free-radical polymerization                    
          initiator, which comprises preparing the polymer, at least 85% by            
          weight of which is formed from one or more of these monomers, in             
          the following states, where                                                  

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