Appeal No. 1997-2376
Application 08/199,863
Hyche discloses use of various surfactants which
include an ethoxylated linear alcohol governed by an
HLB value of 15.4 and, as operable equivalent, other
commercially available emulsifiers which include
SWS-211, ethoxylated stearyl alcohol, etc. as being
operable within the scope of the method disclosed at
col. 2, liens [sic, lines] 32+ which includes water
encapsulated at a content of about 40 wt.%,
therefore it would have been obvious to the skilled
artisan to use a mixture of surfactants including
the disclosed ethoxylated stearyl alcohol in
combination with any of the disclosed commercially
available surfactants, based on their recognized
equivalency, in the method disclosed at col. 2,
lines 32+ with a reasonable expectation of success.
This argument is based upon an incorrect reading of the
reference. Hyche discloses that surfactants and emulsifiers
such as Tergitol 15-S-15, which is an ethoxylated linear
alcohol surfactant and has an HLB value of 15.4, can be used.
This is the only such surfactant disclosed in the reference.
Hyche states that the SWS-211 is an anti-foam agent and,
contrary to the examiner’s assertion, does not indicate that
it is an equivalent to the surfactant (col. 4, lines 5-6).
Also, Hyche does not disclose an HLB value of this material.
The examiner, therefore, has not provided evidence which
discloses use of a surfactant having an HLB greater than 9 in
combination with a surfactant having an HLB less than 9 or
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