Ex parte HEINZGERD SMOLKA, et al. - Page 4




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


          a highly branched oxoalcohol.  Wood '933, column 3, lines 6 to 13,           
          expresses a preference for linear (straight chain) C -C  alcohols            
                                                               8  16                   
          and further notes that his invention may be practiced with a                 
          secondary or tertiary alkanol.  Such a secondary or tertiary C -C            
                                                                         8  16         
          alcohol as taught by Wood '933 would not be highly branched.  As             
          noted by appellants on page 7 of their brief,                                
                    oxoalcohols are made from petroleum                                
                    feedstocks and consequently are branched                           
                    alcohols which produced by conventional                            
                    means result in the alcohol being 40% to                           
                    50% branched, as is evidenced by Exhibit                           
                    B earlier submitted herein.  As a result,                          
                    oxoalcohols are substantially more branched                        
                    than fatty alcohols and are different.                             


                    The decision of the examiner is reversed.                          
                                         REVERSED                                      








          Michael Sofocleous              )                                            
                    Administrative Patent Judge     )                                  
                         )                                                             
                                                        )                              
                                                        )                              
                              Marc L. Caroff                  ) BOARD OF PATENT        
                              Administrative Patent Judge     )   APPEALS AND          
                                                        )  INTERFERENCES               
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