Appeal No. 1997-3332
Application No. 08/436,182
Example II none of the samples listed in the Table on page 18
of the specification appear to correspond to either Neodol 23-
3 or Neodol 25-3. In addition, the statement "weight percent
of the undissolved solids is calculated" (page 16, l. 27-28;
emphasis supplied) appears to conflict with the heading "%
Dissolved" in the middle column of the Table.
Moreover, even if appellants were to clearly demonstrate
unexpected results for a Neodol 23-3 blend as compared to a
Neodol 25-3 blend, such a showing would not be commensurate in
scope with the appealed claims (other than claim 11) which are
not specifically limited to Neodol 23-3 nonionic/anionic
surfactant blends based upon "a mixture of C -C alcohols
12 13
which have an average content of three ethoxylate groups per
alcohol molecule" (see appellants' specification: page 8, l.
10-12).
For the foregoing reasons, and for the reasons given by
the examiner, the decision of the examiner is affirmed.
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
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