Appeal No. 2002-0089
Application No. 09/331,647
2. The References
The prior art references of record relied upon by the examiner in rejecting the appealed
claims are:
Schambil, et al. (Schambil) CA 1,334,458 February 14, 1995
Wahle et al. (Wahle) U.S. 5,723,137 March 3, 1998
Schambil is available as prior art under 35 U.S.C. § 102(b). Wahle has a 35 U.S.C.
§ 102(e) filing date of April 29, 1996 and is available as prior art under 35 U.S.C. § 102(e).
a. The Schambil Reference
Schambil describes a process for the production of oil-in-water emulsions of polar oil
components. (Schambil, p. 1, lines 3-7). More specifically, Schambil’s emulsions are phase-
inversion temperature (PIT) emulsions that contain a polar oil having one or more ester
functional groups in the molecule. (Schambil, p. 1, lines 3-7 and p. 2, lines 13-18). The
compositions are said to be useful as skin-care and body-care preparations. (Schambil, p. 8, lines
8-14).
Schambil’s emulsions are said to comprise an oil component (A), a primary emulsifier
(B) and water. Preferably the compositions also contain a co-emulsifier component (C).
Generally, the oil component (A) and an equal mass of water or more are made into the emulsion
with a preferred ratio of (A):(B):(C) of 1: 0.1-0.3: 0.1-0.3. (Page 2, lines 35-37 and page 7, lines
6-9).
The oil component (A) consists of:
(A1) 50 to 100% by weight of mono- or diester molecules that contains at least
3
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