Appeal No. 96-3069
Application No. 08/206,231
We will also not sustain the examiner's rejection under
35 U.S.C. § 112, second paragraph. Appellants have cited
ANIONIC SURFACTANTS, Part II, 509 (Warner M. Linfield ed.,
Marcel Dekker, Inc., New York 1976) for scientific evidence
that rebuts the examiner's position that "the second oxygen
atom in the structure (CH2-CH2-O) -O- should be deleted"
n
(page 5 of Answer). Contrary to the examiner's statement at
page 7 of the Answer that phosphate esters must contain the
ester moiety depicted therein, the publication cited by
appellants characterizes compounds according to appellants'
structural formula as "Polyoxyalkylene Phosphate Esters."
In conclusion, the examiner's decision rejecting the
appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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JOHN D. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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