Appeal No. 2004-0273
Application No. 09/958,702
12. The composition of claim 11 wherein the
hydroxycarboxylic acid alkyl and/or alkenyl oligoglycoside ester
contains from about 1 to 50% by weight, based on the weight of
the ester, of unesterified glycosides.
15. The composition of claim 11 wherein the
hydroxycarboxylic acid alkyl and/or alkenyl oligoglycoside ester
contains from about 5 to 25 % by weight, based on the weight of
the ester, of unesterified glycosides.
Claims 11-32 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Ansmann in combination with Garlisi.
The examiner relies upon the following references as
evidence of unpatentability:
Ansmann et al. (Ansmann) 5,795,978 Aug. 18, 1998
Garlisi (EPO) 0 258 814 Apr. 28, 1993
OPINION
For the reasons set forth in the brief and reply brief, and
below, we reverse the rejection.
The examiner’s position is that Ansmann teaches emulsifiers
for oil and water emulsions comprising from about 43% to 99% by
weight of an alkyl and/or alkenyl oligoglycoside, and from about
1% to 57% by weight of a fatty alcohol. The examiner recognizes
that Ansmann does not teach a hydroxycarboxylic acid alkyl and/or
alkenyl oligoglycoside ester, as set forth in claim 11, and also
the amount of unesterified glycosides,as set forth, for example,
in claim 12. Answer, page 3.
The examiner relies upon Garlisi for teaching a
hydroxycarboxylic acid alkyl and/or alkenyl oligoglycoside ester
compound, and states that Garlisi teaches that such a compound is
-2-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007