Appeal No. 2005-0930 Page 4
Application No. 09/965,792
the instant application necessarily has the same physical properties.” Id. From this
statement we assume that the examiner is of the opinion that Mondet teaches or
suggests polymers having the relationship required by the claims on appeal.
In regard to the first and second organic solvent required by claims 1 and 9, the
examiner points out that Mondet describes the use of plasticizers in the cosmetic
composition of that reference and that diethylene glycol butyl ether and dibutyl adipate
are described as being useful plasticizers. Paper No. 8, page 5. Mondet does state at
column 4, lines 21 - column 5, line 2, that the composition of that invention can
optionally contain a plasticizer and sets forth an extensive list of compounds that may
be used for that purpose. However, the examiner has not made any explicit findings in
regard to whether diethylene glycol butyl ether and dibutyl adipate can be the first and
second organic solvents required by claims 1 and 9.
In reviewing this aspect of the examiner’s case, we find that appellants set forth
non-limiting examples of the first and second organic solvents that may be used in the
present invention on pages 22 - 23 of the specification. We find dibutyl adipate is stated
to be an example of the second organic solvent of the present invention at page 23 of
the specification but fail to find diethylene glycol butyl ether listed as either the first or
second organic solvent. Thus, the examiner’s fact finding is faulty in regard to the first
organic solvent required by the claims on appeal.
However, we find that propylene glycol phenyl ether and dipropylene glycol
methyl ether are stated by appellants to be examples of the first organic solvent of the
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007