Ex parte COOKE - Page 9




                 Appeal No. 1998-1176                                                                                                                   
                 Application No. 08/553,072                                                                                                             


                 of NMP (N-methyl-2-pyrrolidone solvent, see Example 1 in col.                                                                          
                 15 of this reference; Answer, page 6) to an autoclave.                                           5                                     
                          Appellant argues that “the mere fact that such                                                                                
                 benzotriazole UV absorber compounds can be dissolved in NMP                                                                            
                 does [sic,not?] anticipate their use in making water-dilutable                                                                         
                 UV absorber solutions for treating textiles” (Brief, page 9).                                                                          
                 Appellant submits that this reference “in no way teaches or                                                                            
                 anticipates the end-use or invention of this application”                                                                              
                 (id.).                                                                                                                                 
                          Appellant’s arguments are not well taken since the end                                                                        
                 use of the invention is not claimed.  Claim 19 on appeal is                                                                            
                 directed to a UV light absorber composition which consists                                                                             
                 essentially of components (a) and (b).  Appellant does not                                                                             
                 contest that DesLauriers discloses the two claimed components                                                                          
                 in amounts within the scope of claim 19 on appeal (see the                                                                             
                 Brief, pages 9-10).  The preamble language of claim 19 and the                                                                         
                 language following component (b) both are directed to the                                                                              
                 intended use of the UV light absorber composition and do not                                                                           

                          5Although not contested by appellant, the amount of UV                                                                        
                 agent in this composition is about 7.7% by weight (5.89/(70                                                                            
                 +5.89)), with the remainder (92.3% by weight) being the NMP                                                                            
                 solvent.                                                                                                                               
                                                                           9                                                                            





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