Appeal No. 96-2341
Application 08/389,554
his concentrated composition because if the composition
contained more water, the inorganic salts would be dissolved
and, consequently, could not serve as abrasive agents as
desired by Munro (brief, pages 6-7). Thus, appellants argue,
Munro teaches away from their claimed invention (brief, page
7). Appellants point out that an inorganic salt in their
composition serves as a gelling agent and, therefore, is to be
in the dissolved state (brief, page 5). Appellants further
argue that the examiner’s conclusion that Munro would have
fairly suggested, to one of ordinary skill in the art, making
a shear thinnable composition containing about 15 wt% to about
70 wt% water, is based upon hindsight (brief, page 8).
The examiner has provided no evidence or technical
reasoning which shows that one of ordinary skill in the art
would have expected that diluting Munro’s composition such
that it has a
water concentration of about 15 wt% to about 70 wt%, as
required by appellants’ claims, would produce a composition
7
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