Ex parte THOMAS et al. - Page 15




          Appeal 97-1554                                                              
          Application 08/495,593                                                      

          preferred embodiment can be commensurate in scope with a claim              
          which also includes non-preferred embodiments.                              
               A comparison using polyisobutylamine does not reveal what              
          results might be obtained using a mixture of polybutylamine                 
          and polyisobutylamine as described by Kummer.                               
               In the event of further prosecution, applicants may wish               
          to submit a showing of which is commensurate in scope with the              
          breadth of the claims.                                                      

               C.   Decision                                                          
               For the reasons given, the decision of the examiner                    
          rejecting claims 1-5 and 7 under 35 U.S.C. § 103 over Kummer                
          and Rath is affirmed.                                                       
                                      AFFIRMED.                                       








          ______________________________                                              
          FRED E. McKELVEY, Senior      )                                             
          Administrative Patent Judge   )                                             
          )                                                                           
          )                                                                           
          ______________________________)                                             
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