Appeal 2006-2854 Application 10/348,165 (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 suspension of said polymer microparticles in a designated volume of a mixture comprising at least one tuning solvent and at least one third solvent; (c) adding to said polymer microparticle suspension a solution comprising the dye dissolved in said first solvent whereby the dye is taken up by the microparticles to provide a master-batch suspension of microparticles characterized by a first concentration of said dye in the microparticles; (d) creating two or more aliquots from said microparticle master-batch suspension containing selected added amounts of tuning solvent, wherein the added tuning solvent increases the amount of dye partitioning to the polymer rnicroparticles in said aliquots without precipitating the dye; and (e) incubating the polymer microparticle suspension aliquots for a period of time so that the amount of dye partitioning to the microparticles, for a given initial dye concentration in the dye solution, is controlled by the amount of tuning solvent added to the microparticle suspension aliquots. The Examiner relies on the following references in rejecting the appealed subject matter: Chen ‘363 US 4,199,363 Apr. 22, 1980 Hair US 4.680,332 Jul. 14, 1987 Yamaguchi US5,288,577 Feb. 22, 1994 Wright US5,301,044 Apr. 05, 1994 Kemeny US 6,126,731 Oct. 03, 2000 3Page: Previous 1 2 3 4 5 6 7 8 Next
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