Ex Parte Krishnan - Page 5




          Appeal No. 2004-2233                                                        
          Application No. 10/100,331                                                  



          Michels describes an aqueous dispersion (i.e., a latex) obtained            
          by polymerizing 62 parts by weight of CH 2=CHCOOCH2CH2C8F17, 15             
          parts by weight of n-butyl acrylate, 20 parts by weight of                  
          CH2=CCH3COO(CH2CH2O)8H, and 3 parts by weight of                            
          dimethylaminoethyl methacrylate in 285 parts by weight of                   
          acetone; mixing with a solution of 3.9 parts of acetic acid in              
          296 parts by weight of deionized water; and then removing the               
          acetone by distillation at 60ºC and 200-300 mbar.  (Examples 1              
          and 2.)  The fluorine-containing monomer described in Michels is            
          encompassed by either the “non-aromatic unsaturated mono- or                
          dicarboxylic ester monomers” or “monomers containing ethylene               
          unsaturation” recited in appealed claim 1.  (Specification, page            
          3, line 17 to page 4, line 2.)  Additionally, the n-butyl                   
          acrylate and the dimethylaminoethyl methacrylate described in               
          Michels are identified in the present specification as suitable             
          noncationic ethylenically unsaturated monomer and cationic                  
          quaternary amine monomer, respectively.  ( Id. at page 3, line 24           
          and page 4, lines 24-25.)                                                   
               Thus, we share the examiner’s view that Michels describes              
          each and every limitation of the invention recited in appealed              
          claim 1.  In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429,             
          1431 (Fed. Cir. 1997).                                                      


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