Appeal 2007-0105
Application 10/698,607
group, wherein the vinyl monomer is “a vinyl monomer having a water
solubility of 10% by weight or less, and can be, among other things,
2-methylacryloyloxyethyl succinate, trade name “Acryl Ester SA” having a
water solubility of 1.86% by weight (Idogawa, e.g., col. 2, ll. 7-49, col. 3,
l. 41, to col. 4, l. 27, and col. 6, ll. 26-40). In Idogawa’s Example 1, the
mixture contains 2-methylacryloyloxyethyl succinate. The process of
forming the amphipathic polymer particles can include the use of pH
controllers such as, among other things, hydroxides of alkaline metals, but
such use is not illustrated in Idogawa’s examples (id. col. 8, ll. 38-42).
We find Winnik would have disclosed an analogous dispersion
polymerization process which does not include using a vinyl monomers
having an acid functional group with limited water solubility as used by
Idogawa, but can include the step of separating the product from the reaction
mixture by filtration (see Answer 4-5 and Winnik, e.g., col. 3, l. 45, to col. 5,
l. 4).
Appellant illustrates the emulsion polymerization process in
Specification Example 1 wherein mono-methacryloyloxyethyl succinate is
admixed with the other ingredients (Specification 12:21-29). After the
polymerization reaction has cooled, “potassium hydroxide was added to
bring the pH of the reaction mixture to pH > 7” (id. 12:29-31).
We agree with the Examiner that Idogawa’s 2-methylacryloyloxyethyl
succinate satisfies the claim requirement for “an unsaturated monomer
containing a convertible moiety in hydrophobic form” as this term is defined
to include this monomer in Appellant’s Specification, and indeed, is further
exemplified therein, including in Specification Example 1, as
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