Appeal 2007-0105
Application 10/698,607
representative claim 7. Accordingly, we affirm the ground of rejection of
claims 7 and 8 as a matter of law under 35 U.S.C. § 103(a).
With respect to claim 24, we agree with Appellant that the Examiner
has not established that prima facie the process described by Idogawa
includes the step of adding a pH controller to the reaction mixture
subsequent to the formation of the amphipathic polymer particles as required
by this claim.
Accordingly, on this record, we reverse the ground of rejection of
claim 24 under 35 U.S.C. § 103(a) over the teachings of Idogawa.
The Primary Examiner’s decision is affirmed-in-part.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).
AFFIRMED-IN-PART
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Hewlett-Packard Company
Intellectual Property Administration
P.O. Box 272400
Fort Collins, CO 80527-2400
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