Ex Parte Hei et al - Page 6

                Appeal 2006-3208                                                                                 
                Application 10/097,232                                                                           
                       4.  Commercial lubricants in the form of powders were also available                      
                at the time the invention was made (Spec. 9-10 (“Preferred commercially                          
                available lubricants include . . . the EVERGLIDE™ and ULTRAGLIDE™                                
                series of micronized wax powders . . . available from Shamrock                                   
                Technologies Inc; and the . . . series of micronized waxes” and “micronized                      
                fluorocarbon available from Micro Powders Inc.”)).                                               
                       5.  Li’s “lubricant compositions preferably have a coefficient of                         
                friction (COF) that is less than about 0.14, more preferably less than about                     
                0.1” (col. 4, ll. 40-44).                                                                        
                       6.  Li’s “lubricant composition can . . . be applied to a wide variety of                 
                containers including beverage containers,” and the containers “can be made                       
                of a wide variety of materials including . . . PET” (polyethylene                                
                terephthalate) (col. 4, ll. 52-59).                                                              
                       7.  Surfactants “often are employed in conveyor lubricants” (Li, col. 4,                  
                ll. 15-18); and antimicrobials may be added to the lubricants (Li, col. 4, ll.                   
                24-32).                                                                                          
                       8.  In fact, Li discloses and claims compositions containing                              
                surfactants, such as sorbitan esters (col. 3, ll. 10-13; col. 10, ll. 45-47).                    
                       9.  Li is using a “phase-separating mixture of a hydrophilic lubricating                  
                material and an oleophilic lubricating material,” the reference discourages                      
                the use of certain surfactants to help avoid “[f]ormation of an unstable                         
                mixture and promotion of early phase separation” (claim 6; col. 4, ll. 15-18);                   
                however, such a teaching would not discourage the skilled artisan from                           
                using surfactants generally, particularly in other conveyor lubricants (FFs 5,                   
                6).                                                                                              



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