Appeal No. 95-4743 Application No. 08/066,773 The following rejections under 35 USC § 103 are before us for consideration:2 I. Claims 1-12 stand rejected for obviousness in view of Finlayson. II. Claims 1-5 and 8-12 stand rejected for obviousness in view of Maguaran. III. Claims 6-7 stand rejected for obviousness in view of Maguaran taken in combination with Finlayson. We have carefully considered the entire record in light of the respective positions outlined in appellant's Brief and the examiner's Answer. In doing so, we conclude that, as to each rejection, the examiner has established a prima facie case of obviousness which has not been vitiated by evidence relied upon by appellant. Accordingly, we shall affirm each of the rejections before us. In essence, we agree with the examiner that Finlayson and Maguaran individually embrace organophilic clay thickeners or gellants within the scope of the appealed claims as explained 2By Advisory Action (Paper No. 8), the examiner has indicated that appellant has overcome a previously applied rejection under 35 USC § 112, first paragraph, which, therefore, is not before us for consideration on appeal. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007