Appeal No. 2004-0273
Application No. 09/958,702
with a fatty alcohol. Also, Ansmann does not provide direction
other than stating “the emulsions obtainable with the emulsifiers
according to the invention may contain anionic, nonionic,
cationic, and/or amphoteric or zwitterionic surfactants, as
constituents. See column 4, lines 59-62. Ansmann lists
examples of such constituents, beginning at the bottom of column
4 through column 5, line 38. Other auxiliaries and additives are
also discussed, beginning at line 40 in column 5 through column 8
of Ansmann. None of the kinds of constituents or additives or
auxiliaries discussed in Ansmann include the kinds of esters
disclosed in Garlisi, to be combined with a fatty alcohol.
The examiner’s position does not discuss how, in fact, the
ester of Garlisi would function when combined with a fatty
alcohol, especially in the context as to whether a reasonable
expectation of success of so functioning would exist. Absent
such an explanation by the examiner, we reverse the rejection.
CONCLUSION
The rejection of claims 11-32 under 35 U.S.C. § 103 as being
unpatentable over Ansmann in combination with Garlisi is
reversed.
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