Ex Parte Rodriques et al - Page 2



                Appeal 2006-2913                                                                                                             
                Application 10/072,402                                                                                                       

                        maleates, methacrylamides, vinyl esters, methallylics and itaconates having                                          
                        an amine or amide functionality,                                                                                     
                        wherein the graft copolymer is pH triggerable.                                                                       
                24.       The graft copolymer of claim 23 wherein the non-polymeric surfactant                                               
                is an alcohol ethoxylate.                                                                                                    
                        The Examiner relies upon the following references in the rejections of the                                           
                appealed claims:                                                                                                             
                        Arfaei                                       US 4,960,465                          Oct.  2, 1990                     
                        Rodrigues                                 US 6,291,594                         Sep. 18, 2001                         
                        Appellant’s claimed invention is directed to a graft copolymer having a                                              
                hydrophobic backbone and an amine or amide moiety grafted onto the backbone.                                                 
                The backbone is selected from the group consisting of natural polymers, linear                                               
                hydrocarbons, branched hydrocarbons, and non-polymeric surfactants.                                                          
                        Appealed claims 7-12, 21, 23, and 24 stand rejected under 35 U.S.C.                                                  
                § 102(b) as being anticipated by Arfaei.  Claims 13, 15-20 and 22 stand rejected                                             
                under 35 U.S.C. § 103(a) as being unpatentable over Arfaei.  Claims 7-13 and 15-                                             
                25 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Rodrigues.                                             
                        Appellant, with the exception of claim 24, has not advanced an argument in                                           
                the principal Brief that is reasonably specific to particular claims on appeal.                                              
                Accordingly, with the noted exception to claim 24, the claims rejected under                                                 
                Section 102 stand or fall together, as do the claims rejected separately under                                               
                Section 103.                                                                                                                 
                        We consider first the Examiner’s rejection of claims 7-12, 21, 23 and 24                                             
                under Section 102 over Arfaei.  We concur with the Examiner that Arfaei describes                                            

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