Appeal No. 2006-0729 Page 7
Application No. 10/322,566
which teaches a composition comprising ethyllinoleate and triethyl citrate is
Example 4E, Table 4, column 13. Accord Brief, pages 30-32. We note,
however, that in addition to ethyllinoleate and triethyl citrate, the composition set
forth in Example 4E includes, inter alia, Miglyol 812. According to appellant
(Brief, page 31), Miglyol 812 is a triglyceride. Accord Hong, column 7, lines 22-
45. Therefore, as we understand it, the only disclosure in Hong of a composition
comprising ethyllinoleate and triethylcitrate also contains triglycerides. While the
examiner is correct (Answer, page 9), that Hong does not require triglycerides as
an essential component of the disclosed composition, other than Example 4E,
there is no other anticipatory disclosure in Hong that would teaches a
composition comprising both ethyllinoleate and triethylcitrate. All other
disclosures in Hong, either do not teach a composition comprising both
ethyllinoleate and triethylcitrate, or require an extensive amount of picking and
choosing from among a list of ingredients to arrive at appellant’s claimed
composition, neither of which are sufficient to support an anticipation rejection.
Therefore, since a triglyceride would affect the basic and novel properties
of appellant’s claimed invention, as discussed above, it is expressly excluded
from appellant’s claimed composition by use of the transitional phrase “consisting
essentially of.” Since, Hong’s composition as set forth in Example 4E comprises
triglycerides, we reverse the rejection of claims 12 and 18 under 35 U.S.C. §
102(b) as being unpatentable over Chen.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007