Appeal No. 2002-0526
Application No. 09/141,515
Appellant further argues that Clarke fails to teach ethyl galactomannan in combination
with a film forming polymer. Brief, page 5. We agree with the examiner, however, that
Ramin clearly contemplates a composition comprising a film-forming polymer and a
solvent which can be an organic solvent (i.e., nonaqueous). Column 1, line 65 to
column 2, line 6.
Appellant argues that Drug, Chemist and Kirk-Othmer establish that Athe natural
gums disclosed in Ramin could not replace the polysaccharide alkyl ether component of
the present claims because the natural gums therein are used to thicken aqueous
phases, not organic phases...@ Brief, page 7. Appellant argues that the references
Afail to indicate why one of ordinary skill in the art would have been motivated to (1)
select at least one of the specific polysaccharide alkyl ethers according to the present
claims; and (2) select a nonaqueous solvent system so as to arrive at the claimed
composition.@ Brief, pages 7-8. We disagree. We find that Ramin's disclosure of the
use of guar gum as a rheological agent and references indicating that guar gum is
typically used in an aqueous system, to be of no consequence in rebuttal to the
examiner's rejection. In our view, the examiner provides adequate evidence of a
motivation to combine the cited references, particularly in view of Commander's
disclosure of the use of ethyl guar as a thickener or rheological agent for use with
organic solvents which would have
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