Ex parte GROSS - Page 3




          Appeal No. 97-2554                                                          
          Application No. 08/164,112                                                  


          Background                                                                  
               Appellant’s invention concerns the reduction in the                    
          malodors in disposable absorbent products, in particular, the               
          odor of urine in disposable products such as diapers which                  
          have an absorbent structure which includes a so-called                      
          “superabsorbent” (page 4, line 10 et seq.).  According to the               
          disclosure, such reduction is achieved by applying to the                   
          absorbent material, prior to use, “an effective amount of a                 
          surface-active agent having a hydrophilic/lipophilic balance                
          (HLB) of less than about 12” (page 6, lines 36 to 37).                      
          However (page 7, lines 28 to 37):                                           
               Not all of the surface-active agents having an HLB                     
               of less than 12 are able to reduce the odor of                         
               urine.  Applicant has devised a simple test to                         
               determine whether or not a given surface-active                        
               agent, having an HLB of less than 12, is capable of                    
               reducing the odor of urine.  The test method for                       
               determining whether or not a surface-active agent is                   
               able to reduce the odor of urine (Surface-Active                       
               Agent Effectiveness Test) is set forth in connection                   
               with the examples which follow.  If a surface-active                   
               agent has an HLB of less than 12 and is capable of                     
               reducing the odor of urine, it is believed suitable                    
               for use in the present invention.                                      
               On page 9, appellant lists as “suitable for use in the                 
          present invention (as determined by the Surface-Active Agent                
          Effectiveness Test set forth below)” the surfactants Tween 81,              
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