Ex Parte HEES et al - Page 6



          Appeal No. 2001-2434                                                        
          Application No. 08/761,467                                                  

          oligoglucoside having a degree of polymerization of 1.60 gives a            
          cleaning power reflectance of 51 percent.                                   
               The examiner argues that “there appears to be no comparative           
          composition in Table 1 reasonably representative of Wolf et al.,            
          considered to be the closest prior art of record” (answer,                  
          page 7).  In Wolf’s examples a C8-10 fatty alcohol mixture is               
          reacted with a glucose syrup, and the degree of polymerization is           
          not reported.  The examiner has not explained why the appellants’           
          comparative C8-10 alkyl oligoglucosides having a degree of                  
          polymerization of 1.38 to 1.59 are not at least as close as the             
          alkyl glucoside in Wolf’s examples to the appellants’ alkyl                 
          oligoglucoside.                                                             
               The examiner argues that “the inventive compositions in                
          instant Tables 1 [sic] cannot be considered commensurate in scope           
          [with the appellants’ claims], since very specific types of                 
          surfactants are used in very specific amounts, whereas none of              
          the present claims appear to be so limited” (answer, page 7).               
          For the following reasons this argument is not convincing.                  
               First, the appellants’ claims are limited to alkyl                     
          oligoglucosides derived from C9-11 oxoalcohols.  The appellants’            



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