Appeal No. 2004-1872
Application No. 09/886,183
to 60°C and an average particle diameter in
the range of 60 nm to 500 nm, and
b) 0.5 weight % to 10 weight % photoinitiator
molecule, based on the weight of said emulsion
polymer.
Claims 7-10 and 16-19 stand rejected by the examiner under
35 U.S.C. § 102(b) as being anticipated by Rehmer.
The examiner relies upon the following reference as
evidence of unpatentability:
Rehmer et al. (Rehmer) 5,162,415 Nov. 10, 1992
I. Preliminary Matters
Pursuant to our Order under 37 CFR § 1.196(d), mailed
August 27, 2004 for Appeal No. 2004-1872, appellants filed a
reply to this Order on November 29, 2004.
In the brief, filed on June 2, 2003, appellants’ position
was that Rehmer does not disclose any specific examples of a
polymer having a weight average of molecular weight in the range
of 30,000 to 300,000. Appellants stated that therefore, the
specific examples disclosed in Rehmer do not anticipate the
present invention, and as such, appellants state that Rehmer
does not anticipate their claims as asserted by the examiner.
Thereafter, we ordered appellants to measure the weight
average molecular weight of the examples of Rehmer. See page 1
of our Order.
II. Appellants’ Reply to Our Order
In response, appellants filed a reply to our Order,
submitting a declaration by Mark S. Frazza, under 37 CFR
§ 1.132. The declaration includes data for measurements of the
weight average molecular weight of the polymers of Examples 1
and 2 of Rehmer. The weight average molecular weight of the
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