Appeal No. 2004-1900
Application No. 09/981,350
APPEALED SUBJECT MATTER
According to appellants (Brief, page 3):
As to the rejections applied against claims 1-6 under
35 USC [U.S.C. §] 103(a), it is appellants’ intention
for each ground of rejection that the rejected claims
stand of fall together.
Therefore, for purposes of this appeal, we select claim 3, the
broadest independent claim, from all of the claims on appeal and
determine the propriety of the examiner’s rejections based on
this claim alone consistent with 37 CFR § 1.192(c)(7)(2003).1
Claim 3 is reproduced below:
3. An aqueous composition suitable for use when dry as an
improved elastomeric coating, caulk, sealant, fabric
treatment, or pressure sensitive adhesive comprising a
predominantly acrylic aqueous emulsion polymer, said polymer
having a glass transition temperature (Tg) from -90 oC to
20 oC formed by the free radical polymerization of at least
one ethylenically unsaturated nonionic acrylic monomer and
0.75%, by weight based on the total weight of said polymer,
ethylenically unsaturated acid monomer in the presence of
0.01-1.0%, by weight based on the total weight of said
polymer, t-alkyl hydroperoxide, t-alkyl peroxide, or t-alkyl
perester wherein the t-alkyl group includes at least
5 Carbon atoms and, optionally, at least one other oxidant.
1 See In re McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462,
1465 (Fed. Cir. 2002)(“If the brief fails to meet either
requirement [of 37 CFR § 1.192(c)(7)(2001)], the Board is free to
select a single claim from each group of claims subject to a
common ground of rejection as representative of all claims in
that group and to decide the appeal of that rejection based
solely on the selected representative claim”).
2
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