Appeal No. 96-2341
Application 08/389,554
Moreover, the components of Wilkins’ composition other
than water, peroxide, and the water soluble ester are optional
(col. 5, lines 10-17). Thus, it is not necessary that
Wilkins’ composition includes a component which can serve as a
gelling agent. Because Wilkins does not disclose that the
composition can be shear thinnable, there is no guidance to
use, in combination with colloidal alumina, a material which
can function as a gelling agent. As argued by appellants
(brief, page 11), picking and choosing from Wilkins’
disclosure based on appellants’ specification is required.
Furthermore, the amounts of chelating agent, which the
examiner apparently considers to correspond to appellants’
gelling agent (answer, page 6), and coactivator acid, which
apparently can serve as a gelling agent, can be present 6
together in an amount which greatly exceeds the amount of
gelling agent recited in appellants’ claims. The examiner has
not explained why, if large amounts of these components were
6 Appellants state in their specification (page 4, lines
30-31) that “[g]enerally speaking, virtually any ionic
compound can be employed as a gelling agent.”
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