Appeal No. 2002-0433 Page 5
Application No. 09/575,258
Again, applicants' upper limit on the amount of water in the claimed
microemulsion (9% by weight) is well below Hill's lower limit (20% by weight). The
examiner has not provided an adequate explanation why a person having ordinary skill
would have significantly reduced the amount of water in Hill's microemulsion, per the
disclosures of Glover or Lin, to arrive at the instantly claimed water-in-oil microemulsion.
In our judgment, the evidentiary record relied on by the examiner does not support a
conclusion of obviousness of a water-in-oil microemulsion containing the percentages
of components recited by applicants in the appealed claims.
The examiner's decision is reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
Lora M. Green )
Administrative Patent Judge )
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