Ex Parte COMBS et al - Page 2




             Appeal No. 1999-2229                                                                                  
             Application No. 08/832,167                                                                            


             than about 5 mole percent, based on the amount of monoether, of polyoxyalkylene                       
             diols.  The appealed subject matter also relates to a method of using such a                          
             composition.  This appealed subject matter is adequately illustrated by independent                   
             claim 13 which reads as follows:                                                                      
                    13.  A composition which comprises:                                                            
                           (a)   an oleophilic polyoxyalkylene monoether of the structure:                         
                                               Z—(A)n—OH                                                           
                                 wherein A is an oxyalkylene group, Z is a hydrocarbyl                             
                                 residue selected from the group consisting of C4-C60                              
                                 alkyl, aryl, and aralkyl, and n, which is the average                             
                                 number of oxyalkylene groups, is within the range of                              
                                 about 2 to about 500; and                                                         
                           (b)   less than about 6 mole percent, based on the amount                               
                                 of monoether, of alkoxylated unsaturates.                                         

                    The references set forth below are relied upon by the examiner as evidence of                  
             obviousness:                                                                                          
             Manary              3,615,295            Oct. 26, 1971                                                
             Polss               3,901,665            Aug. 26, 1975                                                

                    Under 35 USC § 103(a), claims 1-3, 5-20, 22, 24, 26, 30 and 31 are rejected as                 
             being unpatentable over Manary, and claims 1, 2, 4-18, 21, 23, 25, 27, 30 and 31 are                  
             rejected as being unpatentable over Polss.                                                            
                    Although the appealed claims including the independent claims vary widely in                   

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