Ex Parte LUNDSTEDT - Page 8




              Appeal No. 2003-0850                                                                                      
              Application No. 09/334,366                                                                                


              of wettable powders and produces dramatic efficiencies in formulation.”  In particular,                   
              Moorer teaches combining a sulfonated lignin as the dispersing agent with a wetting                       
              agent which includes nonionic wetting agents.  See column 2, line 19 - column 3, line                     
              44.                                                                                                       
                     Given Moorer’s disclosure that his single surfactant provides advantages which                     
              are superior to those of the wetting agents or dispersing agents individually or mixed                    
              together, we are in agreement with the examiner that one of ordinary skill in the art, in                 
              considering Garst ‘078 would have been motivated to have formed a product comprising                      
              a blend by mixing aqueous solutions of alkyl polyglycosides and a polymeric anionic                       
              dispersant and then drying the blend to thereby achieve the invention of claim 21.  In so                 
              concluding, we note that claim 21 unlike claim 1, does not specifically recite “a                         
              composite dispersing agent” and that the use of the open-ended term “comprising” does                     
              not preclude the presence of additional components in the aqueous blend.                                  
                     This rejection is affirmed.                                                                        
                     In sum, the rejections of claims 1-20 are reversed and the rejection of claims 21-                 
              28 is affirmed.                                                                                           










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