Ex Parte Tyrrell et al - Page 8

                    Appeal 2007-0042                                                                                                         
                    Application 09/746,880                                                                                                   

                    in the art as thickeners, with their attendant benefits.2  Appellants have not                                           
                    alleged or shown any criticality for selecting the claimed thickeners or                                                 
                    “decoupling polymers” from the list of conventional thickener additives                                                  
                    taught by Beerse.                                                                                                        
                             For the foregoing reasons and those stated in the Answer, we affirm                                             
                    the rejection of claim 1, and claims 2-5, 8-15, 20-29, 32-35, 40, 41, 43, 45-                                            
                    47, and 49-56 which stand or fall with claim 1, under § 103(a) over Krzysik                                              
                    in view of Beerse.                                                                                                       
                             The decision of the Examiner is affirmed.                                                                       
                             No time period for taking any subsequent action in connection with                                              
                    this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).                                                    
                                                              AFFIRMED                                                                       








                    sld/ls                                                                                                                   

                    KIMBERLY-CLARK WORLDWIDE, INC.                                                                                           
                    401 NORTH LAKE STREET                                                                                                    
                    NEENAH, WI  54956                                                                                                        


                                                                                                                                            
                    2 See the Decision in Appeal No. 2005-1186, page 6, first paragraph.                                                     

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