Appeal No. 2003-0891
Application 09/011,614
In order to review the grounds of rejection advanced on appeal with respect to appealed
claims 11, 12 and 14 through 29, we first find that, when considered in light of the written
description in the specification as interpreted by one of ordinary skill in this art, see, e.g.,
In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664, 1667 (Fed. Cir. 2000); In re Morris,
127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997), In re Zletz, 893 F.2d 319,
321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989), the plain language of appealed claim 11
specifies an aqueous dispersion wherein the aqueous dispersion consists essentially of at least a
homopolymer or copolymer of styrene in a ratio of from 100:0.5 to 100:15 of a fatty compound
comprises at least one member selected from the group consisting of fatty acids, fatty alcohols,
and unspecified derivatives thereof which contain an aliphatic group of 13 or more carbon atoms,
and optionally one of such specified ingredients. While the amount of fatty compound(s) present
is specified relative to the amount of homopolymer or copolymer(s) of styrene present, there is
no express limitation with respect to the amount of the styrene compound(s) that must be present.
There is also no express limitation on the amount of one or more of the specified optional
ingredients that can be present, and indeed, other unlisted ingredients can be present in amounts
permitted by the transitional phrase “consisting essentially of.” However, an encompassed
aqueous dispersion must be liquid or spreadable at 20°C, have a solids content of 20% to 85% by
weight, is non-staining when dried and stored between sheets of silicone paper for three weeks at
60°C, and be useful to any extent as a binder, sealing or coating composition. Thus, for example,
encompassed aqueous dispersions can consist essentially of such optional ingredients as “film
forming agents” that would include any film forming polymer which would function with any of
the other optional ingredients, such as pigments, dyes and fillers, to form coating compositions,
and contain at least some amount, however small, of one or more styrene compounds and fatty
compounds present within the specified ratio, to the extent that such compositions comply with
the spreadable, solids content and dried staining requirements. Similarly, these optional
ingredients and other optional ingredients, including any manner of “resins,” can also function as
binder, sealing or coating compositions at least to some extent which contain at least some
amount, however small, of one or more styrene compounds and a fatty compound present within
the specified ratio.
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