Appeal 2007-1688
Application 10/222,617
The subject matter on appeal relates to an aqueous composition
comprising an aqueous hydroxy functional, carboxy functional polymer
which comprises the reaction product of certain types of hydroxyl functional
and carboxylic acid monomers. Further details of this subject matter are set
forth in representative independent claim 1 which reads as follows:
1. An aqueous composition comprising
a) aqueous hydroxy functional, carboxy functional polymer
comprising the reaction product of
i) at least 5% by weight α,β-ethylenically unsaturated hydroxy
functional monomer,
ii) at least 30% by weight ethylenically unsaturated carboxylic
acid monomer,
iii) 0% by weight to less than 50% by weight α,β-ethylenically
unsaturated nonhydroxy functional, noncarboxy functional monomer, and
iv) chain transfer agent; and
b) condensation accelerator.
The reference set forth below is relied upon by the Examiner as
evidence of anticipation:
Arkens US 5,661,213 Aug. 26, 1997
All of the appealed claims stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Arkens.
This rejection cannot be sustained.
2
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