Appeal No. 96-2341
Application 08/389,554
lines 19-41), which can be alumina, can make the composition
shear thinnable, and corresponds to appellants’ hydrated
alumina (specification, page 4, lines 3-21), 3) and inorganic
salt (col. 2, line 48 - col. 3, line 2), which corresponds to
appellants’ water-soluble gelling agent (specification, page
4, line 22 - page 5, line 12), overlap with those recited in
appellants’ claim 1.
Munro’s composition, when in the concentrated, shear
thinnable form, differs from appellants’ claimed composition
in that Munro’s composition contains no more than about 5 wt%
water,
apart from that present as water of crystallization, whereas
appellants’ composition contains about 15 wt% to about 70 wt%
water. The examiner has not set forth in his answer any3,4
3 Appellants indicate that the required amount of water in
their composition includes any water added with the alumina
and/or gelling agent (specification, page 5, lines 14-16).
4 Munro indicates that when his composition is diluted to
form an aqueous solution, the solution contains only about
5
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