Appeal No. 2003-0675
Application No. 09/789,388
(1969) and, if so, clearly indicate whether the evidence has
been entered and considered.
The examiner must also prepare a supplemental examiner’s
answer pursuant to 37 CFR § 1.193(b)(1) responding to each
argument set forth in the reply brief.
In the supplemental examiner’s answer, the examiner is
required to provide a detailed discussion on how appealed claim
9 is being interpreted. Specifically, the examiner must
indicate whether the conditional properties recited in the claim
are listed alternatively or conjunctively.1 If the conditional
properties are listed alternatively, the examiner is required to
analyze whether the properties are applicable only when one of
the conditions with respect to particle size is met.2 For
example, the examiner should answer whether the claim
1 The conditional properties are:
less than 0.77 g/cc when the swollen multi-
stage emulsion polymer has a particle size
below 275 nm; less than 0.74 g/cc when the
swollen multi-stage emulsion polymer has a
particle size of from 275 to 500 nm; less
than 0.59 g/cc when the swollen multi-stage
emulsion polymer has a particle size of from
501 to 750 nm; less than 0.46 g/cc when the
swollen multi-stage emulsion polymer has a
particle size of from 751 to 1300 nm.
2 We note that the recited particle sizes are average
particle sizes. (Specification, p. 28, ll. 14-15.)
3
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007