Ex Parte MAXIM 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                     publication and is not binding precedent of the Board.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. 31         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                            Ex parte JOSEPH S. MAXIM, JR.,                            
                                  JAMES C. LONG and                                   
                                  DANIEL W. VERSTRAT                                  
                                     ____________                                     
                                 Appeal No. 2003-2060                                 
                              Application No. 09/133,691                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before OWENS, KRATZ and DELMENDO, Administrative Patent Judges.             
          KRATZ, Administrative Patent Judge.                                         

                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1, 3-9 and 11-13, which are all of the claims           
          pending in this application.                                                
                                     BACKGROUND                                       
               Appellants' invention relates to an emulsion polymerization            
          reaction product of: (A) a specified amount of an ethylenically             
          unsaturated surfactant monomer having a specified cloud point               
          property and chemical formula as set forth in appealed claim 1;             
          (B) a specified amount of an alpha, beta ethylenically                      
          unsaturated monocarboxylic acid with a formula as set forth in              






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