Appeal No. 2006-1478
Application No. 09/970,014
while patentee discloses hand shaking his composition in order to
produce an emulsion (e.g., see lines 34-41 in column 1 and lines
3-15 in column 5), Swisher provides no disclosure as to whether
this emulsion possesses the duration and the reversion
characteristics required by the claim under consideration.
Like Swisher, Errass discloses a composition in the form of
an oil-in-water emulsion suitable for use as salad dressing.
According to Errass, “the various clear salad dressings with oil
which are available on the market suffer from the serious
disadvantage that on standing, an oil layer forms after a short
time, that is the two phases separate” and accordingly
“[p]roducts of this type have to be homogenised by shaking before
use” (column 1, lines 23-28). The Errass patent further
discloses that the aforementioned disadvantage is eliminated with
patentee’s oil-in-water emulsion which is characterized by the
presence of two different stabilizers, namely, Carraghenan iota
and Gummi arabicum (e.g., see lines 29-58 in column 1). The
resulting oil-in-water emulsion is described as being “quite
stable for at least several months” (column 2, lines 24-25).
In light of these respective reference teachings, it would
have been obvious for one with ordinary skill in this art to
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