Appeal No. 1997-3389
Application No. 08/449,956
3 or Neodol 25-3. In addition, the statement "weight percent
of the undissolved solids is calculated" (page 16, l. 27-28;
emphasis supplied) appears to conflict with the heading "%
Dissolved" in the middle column of the Table.
Moreover, even if appellants were to clearly demonstrate
unexpected results for a Neodol 23-3 blend as compared to a
Neodol 25-3 blend, such a showing would not be commensurate in
scope with the appealed claims which are not specifically
limited to Neodol 23-3 nonionic/anionic surfactant blends
based upon a "mixture of C -C alcohols which have an average
12 13
content of three ethoxylate groups per alcohol molecule" (see
appellants' specification: page 8, l. 20-22).
For all of the foregoing reasons, the decision of the
examiner is affirmed.
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
MARC L. CAROFF )
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