Ex Parte Banerjee et al - Page 3

                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                                                        

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