Ex parte BOLUK et al. - Page 2




                     Appeal No. 96-0126                                                                                                                                                
                     Application 07/942,400                                                                                                                                            


                     composition having improved anti-icing properties consisting                                                                                                      
                     essentially of a glycol, a pH-adjusting agent and a surfactant                                                                                                    
                     in an amount sufficient to cause the composition to have a                                                                                                        
                     certain contact angle on aluminum and a certain surface                                                                                                           
                     tension to thereby provide a spreading wetting value w of 0 to                                                                                                    
                     about -5 dynes per centimeter.  Further details of this                                                                                                           
                     appealed subject matter are set forth in representative                                                                                                           
                     independent claim 1 which reads as follows:2                                                                                                                      

                                           1.  A deicer composition having improved anti-icing                                                                                         
                     properties consisting essentially of from about 25% to about                                                                                                      
                     95% by weight based on the weight of the total composition of                                                                                                     
                     glycol selected from the group consisting of ethylene glycol,                                                                                                     
                     diethylene glycol, triethylene glycol, polyethylene glycol,                                                                                                       
                     propylene glycol, dipropylene glycol, glycerol, and mixtures                                                                                                      
                     thereof; a pH-adjusting agent in an amount sufficient to                                                                                                          
                     provide a pH of 7 to about 10; and at least one nonionic or                                                                                                       
                     anionic surfactant, or mixtures thereof, in an amount                                                                                                             
                     sufficient to cause the composition to have a contact angle 2                                                                                                     
                     on aluminum of 0 to about 35E and a surface tension * of about                                                                                                    
                     15 to about 40 dynes per centimeter, to provide a spreading                                                                                                       
                     wetting value w of 0 to about -5 dynes per centimeter in the                                                                                                      
                     equation w = (cos 2 +1); optionally, a corrosion inhibitor;                                                                                                       
                     the remainder of the composition being water.                                                                                                                     

                                2    We note that, on page 3 of the Brief, the appellants request amendments to the                                                                    
                     specification and claim 1 relating to the recited equation for determining the value w.                                                                           
                     This requested amendment should have been filed as a separate paper rather than as part                                                                           
                     of the Brief (see 37 CFR § 1.4(c) and MPEP § 1206 at page 1200-6 (Rev. 3, July 1997))                                                                             
                     and has not been entered (or otherwise responded to) by the examiner. Thus, the                                                                                   
                     aforementioned equation remains unamended in the form originally filed. Further comments                                                                          
                     regarding this equation and the appellants’ requested amendment thereto will be made in                                                                           
                     the opinion section of this Brief.                                                                                                                                
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