Ex Parte BOETTCHER et al - Page 4




                 Appeal No. 2002-0089                                                                                                               
                 Application No. 09/331,647                                                                                                         

                                           10 carbon atoms.  The ester corresponds to one of four formulas, the first                               
                                           of which being R1COOR2 where R1 and R2 can be a C1-22 alkyl group.                                       
                                           (Schambil, p. 2, lines 23-29)                                                                            
                                  (A2)     0 to 50% by weight of an aliphatic acid triglyceride of C8-22 aliphatic acids.                           
                                           (Schambil, p. 2, lines 31-33).                                                                           
                                  (A3) 0 to 25% by weight of hydrocarbon molecules.  (Schambil, p. 2, line 34).                                     
                          The emulsifier (B) is present in an amount of 0.1 to 0.5 parts by weight of the oil                                       
                 component (A) and is selected from (B1) adducts of ethylene oxide with C16-22 aliphatic alcohols                                   
                 and (B2) adducts of ethylene oxide with partial esters of C3-6 polyols with C14-22 aliphatic acids.                                
                 (Schambil, p. 2, lines 2-10).  The coemulsifier (c) is selected from (C1) saturated C16-22 aliphatic                               
                 alcohols and (C2) partial esters of C3-6 polyols with saturated C14-22 aliphatic acids.  (Schambil, p.                             
                 3, lines 11-17).                                                                                                                   
                          Of note, Schambil claim 9 reads as follows:                                                                               
                          9.      A process according to claim 3, wherein component (A) consists essentially of                                     
                                  molecules selected from classes (A1) and (A2) only and component (B) consists                                     
                                  essentially of molecules that are adducts of 8 to 12 molecules of ethylene oxide                                  
                                  with one saturated C20-22 aliphatic alcohol molecule.                                                             
                 (Schambil, p. 15, claim 9).                                                                                                        


                          b.      The Wahle Reference                                                                                               
                          Wahle teaches a process for producing a storage-stable, fine-particle wax dispersion.                                     
                 (Wahle, abstract).  The dispersion are particularly suitable for use in the cosmetics field, for                                   
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