Appeal No. 2002-0089
Application No. 09/331,647
calculating the amount of wax ester is a necessary part of that explanation. Accordingly, we
reverse the examiner’s rejection of claims 8-12 and 14-19 as anticipated by Schambil.
2. The Rejection over Wahle
Claims 8-12 and 14-19 stand rejected under 35 U.S.C. § 102(e) as anticipated by Wahle.
The examiner cites Wahle for its teaching that all of the claimed components can be combined to
form a wax dispersion. In particular, the examiner cites Wahle for its description of a dispersion
that may contain 10-80% wax, triglycerides, a fatty alcohol polyglycol ether and 1-30 wt% of
partial esters of polyols with fatty acids. (Examiner’s Answer, pages 5-6).
Appellants’ argue that Wahle fails to disclose each and every element of the claimed
invention. Appellants state that Wahle fails to disclose an emulsion containing both a
triglyceride and a wax ester. According to appellants, the fact that Wahle discloses that one or
more oils may be used does not mean that the claimed oils must be used as opposed to a
combination of any of other oils mentioned in Wahle.
Wahle describes several different types of oils that may be used in combination with a
wax ester. An anticipatory reference must clearly and unequivocally disclose the claimed
invention or direct those skilled in the art to the claimed invention without any need for picking,
choosing, and combining various disclosures not directly related to each other by the teachings of
the reference. In re Arkley, 455 F.2d 586, 587, 172 USPQ 524, 526 (C.C.P.A. 1972). Wahle
generally teaches that wax esters may be used in combination with a triglyceride. Wahle,
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