Appeal No. 2002-0526
Application No. 09/141,515
Therefore, it would reasonably appear that Ramin teaches
each of the claimed components, except for the specific claimed
polysaccharide alkyl ether as the rheological agent.1
The examiner relies on Commander for the disclosure that ethyl guar gum with
the degree of substitution greater than 2.4 is useful as a thickener or rheology
modification agent in organic solvent compositions that provide coatings/films. Answer,
page 4; Commander, Abstract. Clarke teaches that ethyl guar with a
degree of substitution greater than about 2.5 is useful in
colored cosmetic compositions formed from a homogeneous single
oil (organic) phase. The cosmetic compositions include
lipstick, which is generally intended to form a shiny film when
applied. Answer, page 3. The examiner suggests that one of ordinary
skill in the art would have expected guar gum derivatives, such as ethyl guar gum, to
provide thickening in the organic solvent based systems of Ramin. Answer, page 5.
We agree that the examiner has provided appropriate evidence to support a
prima facie case of obviousness of the composition of claim 23. As stated in Pro-Mold
1 According to appellant's specification the claimed
polysaccharide alkyl ether functions as a thickener in the
claimed composition. Specification, page 3.
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