Ex Parte Lorah et al - Page 3




         Appeal No. 2004-1900                                                       
         Application No. 09/981,350                                                 


                                   THE PRIOR ART                                    
              The examiner relies on the following prior art references:            
         Yang                          5,824,734           Oct. 20, 1998            
         Yamauchi et al. (Yamauchi)    5,852,095           Dec. 22, 1998            
         Kirk et al. (Kirk)            6,335,404 B1        Jan. 1, 2002             
         Odian, Principles of Polymerization, p. 227 (2nd Ed., John Wiley           
         & Sons, 1981).                                                             
                                  THE REJECTIONS                                    
              Claims 1 through 6 stand rejected under 35 U.S.C. § 103 as            
         unpatentable over the combined disclosures of Yang, Kirk and               
         Odian.  Claims 1 through 6 stand rejected under 35 U.S.C. § 103            
         as unpatentable over the combined disclosures of Yamauchi, Yang,           
         Kirk and Odian.                                                            
                                      OPINION                                       
              We have carefully reviewed the claims, specification and              
         prior art, including all of the evidence and the arguments                 
         advanced by both the examiner and the appellants in support of             
         their respective positions.  This review has led us to conclude            
         that the examiner’s Section 103 rejections are well founded.               
         Accordingly, we will sustain the examiner’s Section 103                    
         rejections for the reasons set forth in the Answer and below.              
              The appellants do not dispute the examiner’s finding that             
         Yang or Yamauchi discloses an aqueous composition comprising a             
         predominantly acrylic aqueous emulsion polymer formed by the free          
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