Ex Parte Serbutoviez 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                               was not written for publication and is not binding precedent of the Board.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  CHRISTOPHE SERBUTOVIEZ, JOHAN G. KLOOSTERBOER, AND                                       
                                           FREDERICUS J. TOUWSLAGER                                                     
                                                    _____________                                                       
                                                 Appeal No. 2006-0133                                                   
                                              Application No. 09/877,312                                                
                                                   ______________                                                       
                                                      ON BRIEF                                                          
                                                  _______________                                                       

              Before SCHAFER, TIERNEY and MOORE, Administrative Patent Judges.                                          
              TIERNEY, Administrative Patent Judge.                                                                     
                                                  Decision on Appeal                                                    
                     This is an appeal under 35 U.S.C. § 134 from the examiner’s refusal to allow                       
                              1                                                                                         
              claims 5 and 7-9.   We reverse the examiner’s rejections.                                                 


                                   Overview of Claimed Subject Matter and Rejections                                    
                     Appellants’ claim 5 is generally drawn to a polymerizable mixture that can be used in a            
              polymer-dispersed liquid crystal cell.  The mixture comprises reactive monomers and a                     
              photoinitiator.  Of note, one of the monomers is (1a) an ethoxylated acrylate that is readily             


                     The Brief on Appeal identifies appellant claims 1-4 as withdrawn and claim 6 as objected to as being1                                                                                                 
              dependent upon a rejected base claim.  (Brief, p. 2).  The Examiner’s Answer states that the Brief’s statement regarding
              the status of claims is correct.  (Answer, p. 2).                                                         





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