Appeal No. 1997-1281
Application No. 08/317,830
than 100 microns. Thus, we agree with the examiner that Taruzaki
would have suggested the claimed gelling agent.
Appellants also argue that the claimed organic gel is not
taught or would have been suggested by the disclosure of
Taruzaki. This argument, however, is not well founded. Since
Taruzaki’s solid or pasty solid is formed by mixing ingredients
which are identical or substantially identical to those claimed
with a kneader in the presence of an organic solvent as indicated
by the examiner, we agree with the examiner’s finding that
Taruzaki’s solid or pasty solid is necessarily the claimed
organic gel.3
In view of the foregoing, we affirm the examiner’s rejection
of claims 1, 2, 20, 32 through 35, 38, 39, 41, 42, 47, 50 through
53, 56, 57, 59, 60, 65 and 69 through 73 under 35 U.S.C. § 103 as
unpatentable over the disclosure of Taruzaki.
35 U.S.C. § 103 BASED ON TARUZAKI, KAUFMANN, AND ALBERT
The examiner has rejected claims 65 through 71 under 35
U.S.C. § 103 as unpatentable over the combined disclosures of
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