Appeal No. 2003-1914
Application No. 09/485,989
particles in water," it would appear that such compositions would
be colorless and translucent, if not transparent (page 6 of
Answer, last paragraph). As noted by the examiner, appellants
have "not provided any evidence that 'clear' compositions, by any
definition, cannot be made by following the teachings of the
reference" (id.).
Appellants also contend that "EP '052 fails to teach the use
of a principal solvent having a ClogP within the range recited in
Appellants' claims" (page 4 of Brief, third paragraph). However,
since there is general correspondence between the linear
alkoxylated alcohols of EP '052 described at page 8, lines 42-45,
and the C3C7 diol alkoxylated derivatives used for appellants'
solvent (see claim 19), we find that it is reasonable to
conclude, absent evidence to the contrary, that EP '052 discloses
solvents having a ClogP within the recited range.
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the prima facie case of
obviousness established by the examiner.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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