Ex parte NAE - Page 2




          Appeal No. 95-4743                                                          
          Application No. 08/066,773                                                  


               The claims on appeal are directed to an organophilic clay              
          thickener (claim 1-9), a process for preparing the thickener                
          (claim 10), and a non-aqueous fluid system containing both the              
          thickener and a naturally occurring oil (claims 11-12).                     
               Appellant acknowledges on page 3 of the Brief that all of              
          the claims stand or fall together for purposes of this appeal.              
          Accordingly, we will limit our consideration to claim 1 which               
          reads as follows:                                                           
          1.   An organophilic clay thickener for naturally occurring                 
          oil systems selected from the group consisting of corn oil,                 
          coconut oil, soybean oil, cottonseed oil, castor oil, linseed               
          oil, safflower oil, palm oil, peanut oil and tung oil                       
          comprising the reaction product of:                                         
               (a) a smectite-type clay: and                                          
               (b) an organic cation derived from a naturally occurring               
          oil residue substantially similar to the naturally occurring                
          oil to be thickened in an amount of from about 75% to about                 
          150% of the cation exchange capacity of the smectite-type                   
          clay.                                                                       
               The examiner relies upon the following two prior art                   
          references as evidence of obviousness:                                      
          Finlayson et al (Finlayson)   4,412,018           Oct. 25, 1983             
          Magauran et al (Magauran)     4,664,820           May  12, 1987             





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