Ex Parte MAXIM et al - Page 2




          Appeal No. 2003-2060                                                        
          Application No. 09/133,691                                 Page 2           


          appealed claim 1; and (C) a specified amount of a nonionic alpha,           
          beta ethylenically unsaturated monomer as set forth in appealed             
          claim 1.  Appealed claim 1 is reproduced below.                             
                    1. A hydrophobe-containing alkali soluble or                      
               swellable copolymer thickener which provides aqueous                   
               compositions with constant or incresed viscosity at                    
               temperatures approaching 120°C, wherein said copolymer                 
               comprises an emulsion polymerization product of:                       
                    (A) from about 0.1 to about 25 weight percent,                    
               based on the total weight of the coploymer, of an                      
               ethylenically unsaturated copolymerizable surfactant                   
               monomer having a cloud point of from about 65°C to                     
               about 95°C, wherein the surfactant monomer has the                     
               formula                                                                




               wherein M is a residue selected from the group consisting of           
               an ethylenically unsaturated carboxylic acid, and an                   
               ethylenically unsaturated dicarboxylic acid; EO is an                  
               ethylene oxide unit;                                                   
               BO is a butylene oxide unit; x is from 10 to 45; z is from 5           
               to 35; provided that x + z is from 20 to 45; and R1 is                 
               selected from the group consisting of alkyl, alkylene,                 
               cycloalkyl, cycloalkylene, and arylalkl group wherein the              
               alkyl group has from 1 to 4 carbon atoms;                              
                    (B) from about 20 to about 70 weight percent,                     
               based on the total weight of the copolymer, of an ",                   
               $-ethylenically unsaturated monocarboxylic acid                        
               monomer having the formula                                             













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