Appeal No. 95-4812
Application No. 08/170,839
component, is “mentioned by name” at column 3, line 17 of the
Gallopo reference. This part of Gallopo does indicate that
hydroxyethylcellulose (HEC) is a suitable nonionic thickening
agent for Gallopo’s toothpaste, but does not state that the
HEC is cationically modified. Thus, we do not view this
relied upon disclosure as a “generic disclosure” of the
claimed cationically-modified HEC thickening agent of3
appellants’ composition. Further, we cannot subscribe to the
examiner’s statement that “each species encompassed by a
generic disclosure is rendered prima facie obvious thereby”
(answer, page 8). With respect to Stone, appellants point out
that this reference contains no disclosure relating to the
importance of the claimed ranges of molecular weight and
cationization degree of the HEC which are essential for
3Apparently, the most relevant disclosure in Gallopo
regarding the claimed thickening agent component appears at
column 3, lines 20-29 wherein suitable cationic thickening
agents such as JR 30M, a “quaternary cellulose derivative”,
are mentioned. This material is described as a charged
polymer “closely related” to HEC which has a molecular weight
of 600,000. See Faucher et al (Faucher), “Influence of
Surfactants on the Sorption of a Cationic Polymer by
Keratinous Substrates”, Union Carbide Corporation, Journal of
Colloid and Interface Science, Vol. 55, No. 2, May 1976
referred to in this record as “Document 1”.
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