Appeal No. 2006-0483
Application 09/860,272
methods to calculate a Tg for the copolymer. See, e.g., Mercurio ‘795, col. 6, ll. 14-20, and col.
7, l. 43, to col. 8, l. 12; Kuwajima, col. 8, l. 45, to col. 9, l. 40, and col. 13, ll. 37-68; Furches,
page 323. Indeed, the written description in appellants’ specification essentially discloses as
much (e.g., page 3, ll. 3-9, and page 9, ll. 10-22, and page 11, ll. 3-6). We note here that
appellants define “the term polymer . . . [as] oligomers and both homopolymers and copolymers”
(page 2, ll. 25-26).
We determine that dispersed particles falling within the claim must comprise
homopolymers and/or copolymers, wherein each monomer used in preparing the polymer(s) has
an associated Tg that differs from the associated Tg of any other monomer within the range of 50
to 260°C. There is no limitation on the manner in which the polymers or particles are prepared.
What is required is that particles must “[exhibit] phase segregation between areas of differing
glass transition temperature within each particle” and not the “polymers produced from [the]
monomers,” even though it is the polymers that provide the structure resulting in phase
segregation. In this respect, the term “phase” when used with a copolymer would have been
understood by one of ordinary skill in this art to refer to a so-called “hard” domain of higher Tg
and higher molecular weight or a so-called “soft” domain of lower Tg and lower molecular
weight within the molecule. See, e.g., Kuwajima, col. 8, l. 45, to col. 9, l. 40, and col. 13,
ll. 37-68. However, “phase segregation” within the particle can be provided by homopolymers
and/or copolymers prepared from monomers having different associated Tg as claimed. Indeed,
appellants disclose that such phases are exhibited in the particles by “polymeric material” which
can be “two or more materials” and “species” (e.g., page 9, ll. 10-22).
Thus, the claimed particles can be formed from a single copolymer which has sufficient
structure and size to possess domains formed from monomers with the requisite difference in
associated Tg that result in phase segregation within the molecule and therefore, within the
particle. The particles can further be formed from at least two homopolymers and/or copolymers
differing in Tg that results in phase segregation within the particle. The particles can also be
formed from a combination of copolymers with different domains and any other homo- and
copolymers. The homopolymers and copolymers can be formed by any process that provides
any structure to the polymers resulting in particles with the requisite phase segregation
(specification, e.g., page 11, ll. 6-27, page 17, ll. 24-30, and page 19, l. 17, to page 21, l. 5). The
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