Ex parte NAE - Page 4




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


                 in the examiner's Answer.  As noted by the examiner, the claim                                                                         
                 expression "organic cation derived from a naturally occurring                                                                          
                 oil residue substantially similar to the naturally occurring                                                                           
                 oil to be thickened", to the extent it may be considered                                                                               
                 meaningful at all, broadly encompasses tallow derivatives or                                                                           
                 derivatives of any other of the several naturally occurring                                                                            
                 oils disclosed in Finlayson (column 2, line 56 - column 3,                                                                             
                 line 13) and Maguaran (column 5, lines 16-37).  With regard to                                                                         
                 claim 1, we also note that the recitation of certain base oil                                                                          
                 systems in the claim preamble, as a statement of intended use,                                                                         
                 does not represent a significant limitation on the scope of                                                                            
                 the composition claim.                                                                                                                 
                          We also agree with the examiner that the evidence of                                                                          
                 nonobviousness relied upon by appellant (specification: page                                                                           
                 13, Table 1; Nae Declaration)  is unpersuasive essentially for3                                                                                  
                 the reasons set forth in the examiner's Answer.                                                                                        





                          3We also note that the Nae Declaration is informal in                                                                         
                 that it has not been properly executed in accordance with 37                                                                           
                 CFR                                                                                                                                    
                 § 1.68.                                                                                                                                
                                                                           4                                                                            





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