Ex Parte Petereit et al - Page 2




             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              
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