Ex Parte Nawata et al - Page 3

               Appeal Number: 2006-2391                                                                                           
               Application Number: 10/311,513                                                                                     

                   The Examiner has entered the following grounds of rejection:                                                   
                   Claims 1 and 3 stand rejected under 35 U.S.C. §102(b) as anticipated by or, in                                 
               the alternative, under 35 U.S.C. §103 (a) as obvious over Ishizaki; and.                                           
                   Claims 4 and 5 stand rejected under 35 U.S.C. §103(a) as obvious over Ishizaki                                 
               and Beal.  (Answer 3-5).                                                                                           
                   Rather than reiterate the conflicting viewpoints advanced by the Examiner and                                  
               the Appellants' regarding the above-noted rejections, we make reference to the                                     
               Examiner's Answer (mailed December 21, 2005) for the reasoning in support of the                                   
               rejection, and to Appellants’ Brief (filed October 10, 2005) for the arguments                                     
               thereagainst.1                                                                                                     
                                                          OPINION                                                                 
                      Claims 1 and 3 stand rejected under 35 U.S.C. §102(b) as anticipated by or,                                 
               in the alternative, under 35 U.S.C. §103(a) as obvious over Ishizaki.  We select                                   
               claim 1 as representative.                                                                                         
                      The Examiner has found that Ishizaki discloses a water absorbent resin                                      
               suitable for absorbing polymer containing viscous liquid, wherein the resin                                        
               comprises partially neutralized polyacrylic acid and graph polymers of starch-                                     
               acrylic acid as resin precursors that meet the presently claimed invention (Answer                                 
               3).  The Examiner has determined that the cross-linked polymer particles have a                                    
               specific surface area of preferably not less than 0.040 m2/g (Answer 3).  The                                      
               Examiner contends that Ishizaki describes a composition that comprises similar                                     
                                                                                                                                  
               1  Appellants' comments presented in the document filed January 30, 2006, have                                     
               been fully considered.  We agree with the Appellants that the Examiner has                                         
               apparently considered the comments that were submitted in the May 24, 2005                                         
               document as indicated by the Advisory Act mailed June 21, 2005.  We note the                                       
               submission of May 24, 2005 did not include amendments to the claims.                                               

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