Appeal No. 1998-2806
Application No. 08/459,721
provide the evidentiary basis for the rejection of claims 18
through 20 under 35 U.S.C. § 102(b) and of claims 21 through
26 under 35 U.S.C. § 103.
While appellants do concede that triglyceride
compositions like those of the invention "can be prepared
using standard methods known to those skilled in the art such
as by reacting pure, fully saturated fatty acids of the
desired carbon length with purified glycerol in an
esterification reaction" and that the resulting triglycerides
are purified from the reaction mixture by known techniques to
provide a pure, non-contaminated triglyceride, they have in no
way admitted that changing the viscosity to be that which is
disclosed and claimed in the present application is known in
the art to be achievable by any such method, or more
specifically that the claimed step of formulating a synthetic
triglyceride filler material composition comprised of alkyl
chains of varying length in proportional amounts sufficient to
yield a filler material of a selected viscosity was known in
the art. Since the examiner has improperly relied upon the
disclosure of the present application and appellants’ own
7
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