Appeal No. 1997-1281
Application No. 08/317,830
2, 32 through 35, 38, 39, 41, 42 and 72 through 74 based on the
disclosure of Loder.
35 U.S.C. § 103 BASED ON HOBBS
The examiner has rejected claims 1, 2, 32 through 35, 38,
39, 41, 42 and 72 through 74 under 35 U.S.C. § 103 as
unpatentable over the disclosure of Hobbs. We agree with
appellants that the solid matrix composition described in Hobbs
is not the claimed gel. However, we agree with the examiner that
Hobbs provides an alternative embodiment in which the solid
matrix composition can be altered to provide a more transportable
composition. See page 12, lines 35-53. We agree with the
examiner that the claimed organic gel embraces this more
transportable composition suggested by Hobbs since the more
transportable composition contains the same ingredients as those
claimed and has a viscosity not reflective of solid.
Accordingly, we adopt the examiner’s finding at pages 8 and 9 of
the Answer as our own and affirm the examiner’s § 103 rejection
of claims 1, 2, 32 through 35, 38, 39, 41, 42 and 72 through 74
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