Ex Parte Banerjee et al - Page 2

                Appeal 2006-2854                                                                              
                Application 10/348,165                                                                        

                microparticles to generate said microparticle populations (Br 2).                             
                Representative independent claims 1 and 9, as presented in the Brief, appear                  
                below:                                                                                        
                      1. A method for generating a plurality of microparticle populations of                  
                different dye concentrations wherein dye is loaded into polymer                               
                microparticles to generate said microparticle populations, comprising:                        
                      (a) providing:                                                                          
                             (i) at least one first solvent in which the dye and the                          
                      microparticle polymer are soluble;                                                      
                             (ii) at least one tuning solvent in which the dye and the                        
                      microparticle polymer are not or only weakly soluble, said first and                    
                      tuning solvents being immiscible or at most partially miscible;                         
                             (iii) at least one third solvent in which the dye and the                        
                      microparticle polymer are not or only weakly soluble, said third                        
                      solvent being miscible with the first and tuning solvents;                              
                                                                                                             
                      (b) forming a plurality of suspensions of said polymer microparticles,                  
                each in a designated volume of a mixture including the tuning solvent and                     
                the third solvent;                                                                            
                      (c) adding to said polymer microparticle suspension a solution                          
                including the dye dissolved in said first solvent to form a homogeneous                       
                solution in the mixture of the first, tuning and third solvents; and                          
                      (d) increasing the uptake of dye into the polymer microparticles in at                  
                least one of said populations relative to another of said populations by                      
                decreasing the solvency of the mixture of the first, tuning and third solvents                
                for the dye.                                                                                  
                      9. A method of producing dyed polymer microparticles comprising:                        
                      (a) providing:                                                                          


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