Appeal No. 2002-0448 Page 4
Application No. 09/194,824
As we understand the examiner’s position, it is not that the terms
“viscosity-increasing,” or “effective amount” are indefinite, but instead, it is
because the reaction product may be capable of another use that the phrase
“viscosity-increasing effective amount” is indefinite. What is unclear is why any
other use of the reaction product would be relevant with regard to the claim
limitation a “viscosity increasing-effective amount.” In our opinion, the only
question relevant to the phrase at issue is would a person of ordinary skill in the
art understand what is claimed – or perhaps more simply, would a person of
ordinary skill in the art appreciate from reading the claims in light of the
specification that an effective amount of the reaction product can be used to
increase the viscosity of an aqueous surface-active composition? In our opinion,
appellants’ argument concisely answers this question in the affirmative.
Accordingly, we reverse the rejection of claims 11-15 under 35 U.S.C.
§ 112, second paragraph, as being indefinite in the recitation of the phrase
“viscosity-increasing effective amount.”
THE REJECTION UNDER 35 U.S.C. § 102:
The examiner finds (Answer, page 3), “Turchini’s precursor compounds –
specifically citric acid and the desired ethoxylated alcohols having the general
formula of AnR3 … possess similar chemical characteristics as the instant
precursor compound, it is [e]xaminer’s position that they inherently possess
similar viscosity characteristics.” According to the examiner (Answer, page 7):
Turchini discloses a reaction product of citric acid with their natural
ethoxylated alcohols with the general formula R3(OCH2CH2)nOH,
page 4[,] lines 30-50. This formula is the same as the instant fatty
alcohol polyglycol ether. Therefore, Turchini discloses formation of
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