Ex Parte Honeyman et al - Page 6

                Appeal 2007-0217                                                                                  
                Application 10/711,278                                                                            
                Devonport would have suggested the use in liquid electrophoretic developer                        
                compositions of the type disclosed by Uytterhoeven.                                               
                       Appellants have not set forth a separate substantive argument for the                      
                § 103 rejection of claims 13 and 15-18 over Devonport in view of                                  
                Uytterhoeven and Matyjasjewski.                                                                   
                       We will also sustain the Examiner’s § 103 rejection of claims 35-42                        
                over Katoh in view of Sakai for essentially those reasons expressed by the                        
                Examiner.  Appellants do not contest the Examiner’s factual finding that                          
                Katoh discloses “a process for producing a polymer-coated pigment powder                          
                20 for dispersing into a suspending fluid to form an electrophoretic medium                       
                or liquid crystal device” (Answer 8, ¶ 3), and that the process includes                          
                covalently bonding a polymeric layer 21, such as polymethacrylate, to the                         
                surface of the pigment powder by coating, chemical adsorption using                               
                Appellants’ silane coupling agent, vinyltriethoxysilane, or graft                                 
                polymerization.  While Katoh does not expressly teach that the polymer                            
                coating may be formed by copolymerizing a monomer with the                                        
                polymerizable group of a silane coupling agent, we fully concur with the                          
                Examiner that Sakai evidences the obviousness of doing so.  Appellants                            
                contend that “[t]here is no logical reason why a skilled person, seeking to                       
                improve the Katoh coated titania particles, would assume that Sakai is                            
                relevant [since] Sakai is concerned solely with controlling the surface                           
                properties of silica properties to render them more suitable for use as spacers                   
                in liquid crystal displays, whereas Katoh is concerned with coating titanium                      
                particles to adjust their relative affinities for two immiscible suspending                       
                fluids (typically water and hydrocarbon) in an electrophoretic display” (Brief                    
                20, ¶ 2) .  However, as properly noted by the Examiner, “Katoh is concerned                       


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