Ex Parte Bacher et al - Page 4

                    Appeal 2007-0618                                                                                                      
                    Application 10/618,936                                                                                                

                                                              OPINION                                                                     
                            We determine the following factual findings from the record in this                                           
                    appeal:                                                                                                               
                            (1) claim 1 on appeal requires a completely or partially hydrolyzed                                           
                                 vinyl ester copolymer having a 75-100 mol% degree of hydrolysis                                          
                                 obtained by free radical polymerization of at least three                                                
                                 monomers, including a vinyl ester of C1 to C18 carboxylic acids, a                                       
                                 1-alkylvinyl ester of C1 to C6 carboxylic acids, and a silane-                                           
                                 containing, ethylenically unsaturated monomer (see claim 1 on                                            
                                 appeal; Reply Br. 4);                                                                                    
                            (2) Schilling is directed to an improved cobinder for a coating slip                                          
                                 composition, where the cobinder polymer comprises (a) vinyl                                              
                                 alcohol units; (b) 1-alkylvinyl alcohol units; (c) optionally vinyl                                      
                                 acylate units; (d) optionally allyl alcohol units; and (e) optionally                                    
                                 “other polymerizable monomers” (col. 2, ll. 35-48);                                                      
                            (3) Schilling teaches a two-stage process, using free radical                                                 
                                 polymerization followed by hydrolysis (col. 3, ll. 22-44);                                               
                            (4) Schilling exemplifies the incorporation of only two types of “other                                       
                                 polymerizable monomers,” namely vinyl esters of increased                                                
                                 hydrophobia such as vinyl fatty acid esters or ethylene (col. 3, l.                                      
                                 57-col. 4, l. 2);                                                                                        
                            (5) Schilling teaches that polyvinyl alcohol cobinders have excellent                                         
                                 pigment-binding power and support effect for optical brighteners,                                        
                                 but an object of the invention is to overcome the water solubility                                       
                                 and “pigment-shock” disadvantages (col. 2, ll. 7-31);                                                    


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