Appeal No. 2002-0089
Application No. 09/331,647
example, as skin-care and body-care formulations. (Wahle, col. 6, lines 27-32).
Wahle’s dispersion is formed with: (A) 10 to 80% of a wax; (B) 0.5 to 30% by weight of
a nonionic dispersant; and (c) 1 to 30% by weight of a hydrophobic co-dispersant selected from
the group of fatty alcohols or partial esters of polyols containing 3 to 6 carbon atoms with fatty
acids. (Wahle, col. 2, lines 8-17). Oils may be present in addition to the waxes (A), such those
conforming to the formula R1-COOR2 wherein R1 and R2 denote alkyl groups. (Wahle, col. 2,
line 64 to col. 14). Other suitable oils include fatty acid triglycerides. (Wahle, col. 2, lines 43-
58). A preferred nonionic dispersant (B) is a fatty alcohol polyglycol ether. (Wahle, col. 2, lines
30-39). Additionally, another dispersant (B) that may be included is a fatty acid partial glyceride.
(Wahle, col. 4, lines 40-60).
3. The Rejections
(1) Claims 15-20 stand rejected under 35 U.S.C. § 112, first paragraph as lacking
enablement.
(2) Claim 15 stands rejected under 35 U.S.C. § 112, second paragraph as indefinite.
(3) Claims 8-12 and 14-19 stand rejected under 35 U.S.C. § 102(b) as anticipated by
Schambil.
(4) Claims 8-12 and 14-19 stand rejected under 35 U.S.C. § 102(e) as anticipated by
Wahle.
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