Ex parte GRAIVER et al. - Page 4

          Appeal No. 95-0246                                                          
          Application 07/990,262                                                      


          note the Gee affidavit, executed December 11, 1992, reproducing             
          Example 14 of Findlay which the previous merits panel labeled               
          "the closest prior art."  The claimed method produces a clear,              
          stable aqueous microemulsion, whereas Findlay's Example 14 gives            
          rise to an emulsion which is "milky white in appearance"  (Gee              
          affidavit, executed December 11, 1992, page 3).                             
               The examiner's decision is reversed.                                   
                                      REVERSED                                        


                         SHERMAN D. WINTERS            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN D. SMITH                 ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         CHARLES F. WARREN             )                              
                         Administrative Patent Judge   )                              












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