Appeal No. 2002-0448 Page 2
Application No. 09/194,824
wherein R1 is an alkyl and/or alkenyl group containing from 6 to 22
carbon atoms, and n is a number from 20 to 150, and wherein the
reaction product has a Brookfield viscosity of at least 2,000 mPas, as
measured using a 5% by weight sample of the reaction product in
water.
The references relied upon by the examiner are:
Tesmann et al. (Tesmann) 5,034,159 Jul. 23, 1991
Pereira et al. (Pereira) 5,302,377 Apr. 12, 1994
European Patent Application
Turchini et al. (Turchini) 0 199 131 Oct. 29, 1986
GROUNDS OF REJECTION
Claims 11-15 stand rejected under 35 U.S.C. § 112, second paragraph,
as being indefinite in the recitation of the phrase “viscosity-increasing effective
amount.”1
Claims 11-14 stand rejected under 35 U.S.C. § 102(b), as being
anticipated by Turchini.
Claims 11-15 stand rejected under 35 U.S.C. § 103, as being
unpatentable over Pereira in view of Turchini and Tesmann.
We reverse.
1 We note that the examiner failed to identify this rejection as pending under the “Grounds of
Rejection” section of the Answer. Nevertheless, given the examiner’s response to appellants’
arguments, see Answer, pages 13-14, it appears that the examiner intended to maintain this
rejection. Accordingly, we have included this rejection as part of our deliberations.
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