Ex parte NAE - Page 3




                 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.                                                                               
                                                                           3                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007