Ex parte HEINZGERD SMOLKA, et al. - Page 2




          Appeal No. 96-3172                                                           
          Application No. 08/328,335                                                   



                    The subject matter on appeal is directed to a process              
          of regenerating wastepaper containing printing ink.                          
                    Appellants acknowledge that claims 9 to 12 and 14 stand            
          or fall together.  Independent claim 9 reads as follows:                     
                    9. The process of regenerating wastepaper containing               
          printing ink comprising the steps of;                                        
                    (1) fiberizing said wastepaper in an aqueous alkaline              
          deinking [sic, de-inking] solution containing no foam inhibitors             
          and a deinking [sic] effective quantity of a deinking [sic] agent            
          consisting of (a) a C -C carboxylic acid or resinic acid and (b)             
                               6  22                                                   
          a C -C  oxoalcohol alkoxylated with from about 2 to less than 6              
             6  22                                                                     
          moles of a C -C  alkylene oxide to detach ink particles from said            
                      2  4                                                             
          wastepaper, and (2)removing the detached ink particles from the              
          deinking [sic] solution.                                                     

                    The references relied upon by the Examiner are:                    
          Wood et al. (Wood 0933)       4,561,933            Dec. 31, 1985             
          Poppel et al. (Poppel)        4,586,982            May   6, 1986             
          Wood et al. (Wood 0558)       4,666,558            May  19, 1987             
          Togashi et al. (Togashi)      59-30978             Feb. 18, 1984             
          (Japan Application)                                                          
          (Japan 30978)                                                                
                    Claims 9 to 12 and 14 stand rejected under 35 U.S.C.               
          § 103 as being unpatentable over Japan 30978 or Poppel in view               
          of Wood '933, further if necessary with Wood '558.                           
                    We cannot sustain this rejection.                                  



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