Appeal No. 2003-0850
Application No. 09/334,366
Id.
Appellant first notes that neither Garst ‘078, Garst ‘115 nor Pilato discloses or
suggests the use of a “composite” dispersing agent comprising an alkyl polyglycoside
and a polymeric anionic compound. Appeal brief, page 5. Appellant then notes that
while the Moorer reference is directed to a process of making a dispersing agent by
combining sulfonated lignins and an aqueous surfactant, the reference fails to teach or
suggest employing an alkyl polyglycoside as the “surfactant component”. Id., pages
5-6. Finally, appellant urges that the examiner has failed to provide the requisite
motivation for combining the teachings of Moorer with those of Pilato and the two Garst
patents. Id., page 6.
Garst ‘078 discloses formulating compositions containing biologically active
materials with polyhydroxy fatty acid amides as “dispersants and/or wetting agents.”
Column 2, lines 6-9. Garst ‘078 describes polyhydroxy fatty acid amides as a class of
“nonionic surfactants”. Garst ‘078 further states that “[o]ther surfactants may be used in
combination with the polyhydroxy fatty acid amides in the composition according to the
invention. . . . [e]specially, preferred nonionic surfactants which can be used . . . are
alkyl polyglycosides.” Column 5, lines 47-54. Moorer discloses forming a “single
surfactant” by combining wetting agents and dispersing agents in solution and then
drying them together. See column 3, line 45 - column 4, line 38. According to Moorer,
“[d]rying the wetting agent-dispersing agent mixture greatly improves the performance
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