Ex Parte Lorah 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          was not written for publication and is not binding                          
          precedent of the Board.                                                     


                   UNITED STATES PATENT AND TRADEMARK OFFICE                          
                                _______________                                       
                       BEFORE THE BOARD OF PATENT APPEALS                             
                               AND INTERFERENCES                                      
                                _______________                                       
                           Ex parte JOHN D. SHEPHERD                                  
                                _______________                                       
                              Appeal No. 2004-1876                                    
                           Application No. 09/887,929                                 
                                _______________                                       
                                    ON BRIEF                                          
                                _______________                                       

          Before KIMLIN, GARRIS, and PAWLIKOWSKI, Administrative                      
          Patent Judges.                                                              
          PAWLIKOWSKI, Administrative Patent Judge.                                   

                               DECISION ON APPEAL                                     
               This is a decision on appeal under 35 U.S.C. § 134                     
          from the examiner’s final rejection of claims 1 through 8.                  
          Claim 1 is representative of the subject matter on appeal                   
          and is set forth below:                                                     
               1.  A process for preparing an aqueous emulsion                        
          polymer comprising providing at least one ethylenically                     
          unsaturated monomer and a free radical redox initiator                      
          system under emulsion polymerization conditions, said redox                 
          initiator system consisting essentially of t-alkyl                          







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