Appeal No. 2002-2063
Application No. 09/635,093
in Furness. (Appeal Brief, page 9, lines 25-30). This is simply
incorrect. Furness states that typical esters are methyl stearic
acid esters (column 12, lines 46-48). Stearic acid is a C18 acid,
which falls within the claim limitations.3
Further, appellants urge that the invention is in the
reduction of high-boiling aromatic hydrocarbon solvent and Furness
does not teach such. (Appeal Brief, page 10, lines 4-5). This
position is not persuasive as the claim requires only that there
be more fatty acid methyl ester than high-boiling aromatic
hydrocarbon in the (b)(ii) solvent component. While this can in
some ways be interpreted as a reduction (less than half of
component (b)(ii) can be high-boiling hydrocarbons), Furness
teaches a wide selection of potential solvents, some of which are
low-boiling hydrocarbons.
We are cognizant of the appellants’ counsel’s arguments that
the list of these solvents must be interpreted in a particularly
narrow fashion. As discussed above, we find that, based upon the
plain language of Furness, which terms them as solvents and
auxiliary solvents without regard for proportion, that Furness
allows for each component to be solvated therein in the suggested
solvent mixtures as necessary.
3 See Hawley’s Condensed Chemical Dictionary, 14th Edition, pages 1042-1043,
attached hereto.
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