Appeal No. 2004-0276 Application No. 09/787,438 40 to 100 wt% of at least one (meth)acrylate copolymer (1) which comprises 93 to 98 wt% of radically polymerized C1 to C4 alkyl esters of acrylic or methacrylic acids and 7 to 2 wt% of (meth)acrylate monomers with a quaternary ammonium group in the alkyl radical, and optionally 1 to 60 wt% of at least one (meth)acrylate copolymer (2), different from (meth)acrylate copolymer (1), and which comprises 85 to 100 wt% of radically polymerized C1 to C4 alkyl esters of acrylic or methacrylic acid and up to 15 wt% of (meth)acrylate monomers with basic groups or acid groups in the alkyl radical. The prior art references relied upon by the examiner are: Noda et al. (Noda) 5,137,733 Aug. 11, 1992 Savastano et al (Savastano) 5,681,584 Oct. 28, 1998 Grounds of Rejection Claims 2-15 and 20 stand rejected under 35 U.S.C. 103(a) for obviousness over Noda. Claims 16-19 stand rejected under 35 U.S.C. 103(a) for obviousness over Noda in view of Savastano. We reverse these rejections. DISCUSSION In reaching our decision in this appeal, we have given consideration to the appellants’ specification and claims, to the applied references, and to the respective positions articulated by the appellants and the examiner. Rather than reiterate the conflicting viewpoints advanced by the examiner and appellants regarding the noted rejections, we make reference to the examiner’s Answer for the examiner’s reasoning in support of the rejection, and to appellants’ Brief for appellants’ arguments thereagainst. As a consequence of our review, we make the 2Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007