Appeal 2007-0499
Application 10/515,345
substituted, (4) acid phosphoric, phosphonic, sulfuric and/or
sulfonic esters of reaction products of alkylene oxides with
aliphatic or aromatic amines, (5) acid phosphoric, phosphonic,
sulfuric and/or sulfonic esters of reaction products of alkylene
oxides with aliphatic carboxylic acids or carboxamides, (6) salts
of the esters (1) - (5), and wherein the fraction of the
phosphorus-containing additive in a mixture of phosphorus- and
sulfur-containing additives is not less than 50% by weight, and
(C) from 0% to < 30%, by weight of the preparation, of at least one
nonionic surface-active additive based on polyethers,
with the proviso that component (B) is a phosphoric and/or
phosphonic ester when the fraction of component (C) is 0% by weight.
The Examiner relies on the following prior art references as evidence
in rejecting the appealed claims:
Gonzalez-Blanco US 6,110,266 Aug. 29, 2000
Nyssen US 6,646,023 B1 Nov. 11, 2003
In addition, the Examiner relies on the claims of the following
copending application in an obviousness-type double patenting rejection:
Copending Application No. 10/501,3431
Claims 1- 20 stand provisionally rejected under the judicially created
doctrine of obviousness-type double patenting over claims 1-12 of
copending Application No. 10/501,343. Claims 1-3, 5-8, and 11-20 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by Gonzales-Blanco.
Claims 4, 9, and 10 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Gonzales-Blanco in view of Nyssen.
1 This Appeal is related to Appeal No. 2007-2005 involving Application No.
10/501,343. A Board Decision affirming the Examiner’s decision based
only on a provisional obviousness-type double patenting ground of rejection
presented by the Examiner was entered May 24, 2007.
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