Ex parte DAMS - Page 13




          Appeal No. 1997-2193                                                        
          Application 07/986,648                                                      
          the examiner has simply not substantiated by presentation of                
          objective evidence or scientific argument that any compound                 
          within the broad description which comprises the "Markush                   
          group" would not possess utility as an anionic surfactant as                
          alleged by appellants.                                                      
                                       CLAIM 17                                       
               Claim 17 is, obviously, not a duplicate of claim 1. Claim              
          1 is directed to a compound.  Claim 17, as we understand the                
          claim, is directed to the combination of the compound in a                  
          liquid. As such, claim 17 is understood to be a composition                 
          claim.  Thus, a person could make the invention of claim 1                  
          without practicing the subject matter of claim 17.  The                     
          rejection is reversed.                                                      
                                       CLAIM 3                                        
               To the extent we understand the examiner's position with               
          respect to claim 3, we reverse.  It seems apparent to this                  
          panel that the "substitutents" on the piperazine ring must                  
          depend on the nature of R and R''' which together with the                  
          nitrogen atoms and W form the piperazine ring.                              
                                       SUMMARY                                        
               The decision of the examiner rejecting appellants' claims              


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