Appeal No. 1997-2593
Application No. 08/160,290
As evident from our comments above, and based on
appellants’ groupings of the claims in the brief at page 4, we
have decided this appeal based on representative claims 1 and
10. See 37 CFR § 1.192(c)(7) 1995. Based on arguments made
by appellants’ counsel at the oral hearing that neither of the
applied references disclose certain specific solvent
components set forth in some of the more limited appealed
claims, we point out that appellants have made no factual
challenge to the examiner’s finding that such solvents are
"well known interchangeable solvents within the same boiling
point characteristic range that have been utilized in this
type of composition in the past." See the answer at page 7.
In the event of any further prosecution of this application,
for example in a continuation application, appellants may
desire to address the examiner’s above findings so that the
issue of obviousness as to the more limited claims may be
properly joined.
The decision of the examiner is affirmed.
10
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