Appeal No. 95-4934
Application 07/908,650
emulsification (and thus could not be regarded as “not
changing or fluctuating”). Additionally, the disclosure at
lines 33 through 64 in column 7 of the specification
unambiguously teaches that the emulsions formed by the here
claimed compositions are incapable of being accurately
described as “not changing or fluctuating.” On the contrary,
it is quite clear that these emulsions separate under certain
conditions (e.g., cooling to 15EC) particularly at water
concentrations at the low end of the here claimed range (i.e.,
“about 55 percent”).
The decision of the examiner is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
BRADLEY R. GARRIS )
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