Ex Parte Bridgewater et al - Page 2

                Appeal 2007-0504                                                                             
                Application 10/700,078                                                                       
                                             INTRODUCTION                                                    
                      Appellants claim an aqueous coating composition comprising an                          
                aqueous acrylic emulsion polymer and a pigment (claims 1 and 2;                              
                Specification 1).  Appellants indicate that the aqueous coating composition                  
                has improved scrub resistance and dirt pick-up resistance (Specification 2).                 
                      Claim 2 is illustrative:                                                               
                2. An aqueous coating composition comprising a pigment and an                                
                      aqueous acrylic emulsion polymer comprising, as copolymerized                          
                      units, from 50 to 99.75% by weight, based on dry polymer weight,                       
                      monoethylenically unsaturated nonionic (meth)acrylic monomer and                       
                      from 0.25 to 10% by weight, based on dry polymer weight,                               
                      monoethylenically unsaturated acid monomer, said polymer having a                      
                      Tg of -10 °C to 35 °C wherein said emulsion polymer is formed by                       
                      emulsion polymerization at a temperature of from 70 °C to 99 °C in                     
                      the presence of a thermal initiator, wherein said initiator is used in the             
                      amount of 0.05 to 0.3%, by weight, based on dry polymer weight, and                    
                      wherein less than half of said initiator is present during the first 10%,              
                      by weight, based on dry polymer weight, of the conversion of                           
                      monomers to said emulsion polymer, and a neutralizer, wherein said                     
                      neutralizer is used in the amount of from 5% to 75%, on an                             
                      equivalents basis, based on said monoethylenically unsaturated acid                    
                      monomer, and wherein less than half of said neutralizer is present                     
                      during the first 25%, by weight, based on dry polymer weight, of the                   
                      conversion of monomers to said emulsion polymer.                                       
                      The Examiner relies on the following prior art reference as evidence                   
                of unpatentability:                                                                          
                Friel US 5,731,377 Mar. 24, 1998                                                             
                      The rejections as presented by the Examiner are as follows:                            
                   1. Claims 1-5, and 7 are rejected under 35 U.S.C. § 102(b) as anticipated                 
                      by or, in the alternative, under 35 U.S.C. § 103(a) as obvious over                    
                      Friel.                                                                                 


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