Ex Parte BOEGE et al - Page 1






                                       The opinion in support of the decision being entered                                           
                                  today was not written for publication and is not binding                                            
                                  precedent of the Board.                                                                             
                                                                                              Paper No. 39                            
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                         Ex parte KAI BOEGE, MICHAEL DZIALLAS,                                                        
                                       KLAUS HELPENSTEIN, WOLFGANG KLAUCK,                                                            
                                  JOHANN KLEIN, HELMUT LOTH, HARTMUT URBATH                                                           
                                                    and UDO WINDHOEVEL                                                                
                                                         ______________                                                               
                                                      Appeal No. 2003-0891                                                            
                                                      Application 09/011,614                                                          
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before WARREN, DELMENDO and PAWLIKOWSKI, Administrative Patent Judges.                                                 
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 11, 12 and 14 through 34, which are all of the claims in the applications.  Claim                     
               11, as it stands of record,1 is illustrative of the claims on appeal:                                                  
               11.  An aqueous dispersion, liquid or spreadable at 20°C, and useful as a binder, sealing or                           
               coating composition, consisting essentially of water, a homopolymer or copolymer of styrene, a                         
               fatty compound, wherein a ratio by weight of the styrene polymer or styrene copolymer to fatty                         
               compound is from 100:0.5 to 100:15 wherein said fatty compound comprises at least one                                  
               member selected from the group consisting of fatty acids, fatty alcohols, and derivatives thereof,                     
               wherein the fatty acids and fatty alcohols contain an aliphatic group having more than 12 carbon                       
                                                                                                                                     
               1  See the amendment of October 10, 2001 (Paper No. 25), and the examiner’s answer (page 3).                           

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