Ex Parte GRAF et al - Page 11




          Appeal No.2003-0078                                       Page 11           
          Application No.09/257,066                                                   


          claim 11 for the reasons discussed above with respect to the                
          teachings of Falk ‘967 alone and for the additional reasons set             
          forth by the examiner in the answer.                                        
               Appellants’ arguments with respect to liquid foam stability            
          are noted but not found persuasive since representative claim 1             
          and separately argued claim 11 do not specify any particular                
          degree of foam stability.  The combination of the amphoteric                
          surfactants is explicitly suggested by Falk ‘967.  Moreover,                
          Barbarin discloses that an AFFF composition can include                     
          amphoteric fluorine containing surfactants (column 2, lines 52-             
          57), including mixtures thereof (column 3, lines 40 and 41), as             
          well as other non-fluorinated amphoteric surfactants (column 5,             
          lines 1-7 and 13-16).  Falk ‘967 and Pennartz both teach that               
          ammonium compounds may be added to AFFF compositions, Falk ‘967             
          for use as an electrolyte and Pennartz for use to retard                    
          flammability.  Consequently, for the reasons discussed above and            
          in the answer, we will sustain the examiner’s rejection.                    















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