Ex parte COLSON et al. - Page 2




                 Appeal No. 97-2089                                                                                                                     
                 Application No. 08/097,801                                                                                                             

                          The subject matter on appeal relates to a method for                                                                          
                 reducing or preventing foaming occurring during the production                                                                         
                 of chemical compositions consisting essentially of the                                                                                 
                 addition to the chemical composition of an effective                                                                                   
                 antifoaming amount of paraffinic oil having certain                                                                                    
                 characteristics.  This appealed subject matter also relates to                                                                         
                 a concentrate which contains the aforementioned paraffinic                                                                             
                 oil.  This subject matter is adequately illustrated by claims                                                                          
                 13 and 16 which read as follow:                                                                                                        
                          13. A method for reducing or preventing foaming occurring                                                                     
                 during the production of chemical compositions consisting                                                                              
                 essentially of the addition to the chemical composition of an                                                                          
                 effective antifoaming amount of paraffinic oil having an                                                                               
                 average molecular weight of from about 100 to 200, and a                                                                               
                 density at 15EC of 0.75 to 0.80 kg/1, and containing about 45%                                                                         
                 to 100% mass by mass of at least one paraffinic hydrocarbon.                                                                           
                          16. An adjuvant concentrate which contains an adjuvant                                                                        
                 and a paraffinic oil as specified in claim 13.                                                                                         
                          The reference relied upon by the examiner as evidence of                                                                      
                 obviousness is:                                                                                                                        
                 Alexander                                    4,221,600                                    Sep.  9, 1980                                
                          All of the claims on appeal are rejected under 35 U.S.C.                                                                      
                 § 103 as being unpatentable over Alexander.2                                                                                           

                          2On page 2 of the brief, the appellants have indicated                                                                        
                 that method claims 13 through 15 are grouped separately from                                                                           
                                                                           2                                                                            





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