Appeal No. 2001-2434
Application No. 08/761,467
tests of the claimed invention use C9-10 alkyl oligoglucosides,
and the data show results which are substantially superior to
those obtained using C8-10 alkyl oligoglucosides, i.e., alkyl
oligoglucosides which include a shorter-chain C8 component.
Thus, it reasonable appears that C9-11 alkyl oligoglucosides,
which include a longer-chain C11 component, would produce results
which are at least as good as those obtained using C9-10 alkyl
oligoglucosides.
Second, although the appellants’ tests do not include C9-10
alkyl oligoglucosides having a degree of polymerization above
1.60, the data show that as the degree of polymerization
increases from 1.43 to 1.60, the cleaning power reflectance
increases from 58 to 66 percent. That is, there is a trend of
improved cleaning power reflectance as the degree of
polymerization increases. It reasonably appears, therefore, that
the tested alkyl oligoglucosides are representative of alkyl
oligoglucosides having a degree of polymerization of 1.4 to 2.0.
See In re Kollman, 595 F.2d 48, 56, 201 USPQ 193, 199 (CCPA
1979).
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