Appeal No. 1999-2158
Application No. 08/971,460
colloidal mixture is heavily dependent upon the pH (id.). The
examiner applies Fischer for the teaching “to increase
viscosity to increase mechanical dispersion in colloidal
fluids.” Id., citing page 266 of Fischer. From these
findings, the examiner concludes that it would have been
obvious to improve the mechanical dispersion of the prior art
process by maximizing the viscosity, as taught by Fischer, and
to achieve this increase in viscosity by controlling the pH
since such is a well known method (id.).
We disagree with the examiner’s factual findings taken
from Fischer. Although Fischer does teach that a factor to be
considered in a comparison of mills includes the “plastic
viscosity of the composition” (page 266, line 19), the
teaching in Fischer relied upon by the examiner is directed to
the “grinding media” and not the composition or mixture to be
sheared in the mixer:
There are three ways in which this situation
[the persistence of a few aggregates] can be
remedied: (1) use of the highest viscosity
grinding media and the highest concentration
of solids in the dispersion that can be processed
on a given mill . . . . [Fischer, page 266,
lines 36-38, emphasis added.]
Accordingly, we determine no basis for the examiner’s finding
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