Appeal 2007-1156
Application 10/459,070
thus not met the burden of establishing a prima facie case of obviousness,
and we are compelled to reverse the rejection.
In addition, the rejection of claims 1, 2, 11, and 13-18 under 35 U.S.C.
§ 103(a) over the combination of Kono, Franklin, Ha, and Rerek, and the
rejection of claims 1, 11, and 13-18 under 35 U.S.C. § 103(a) over the
combination of Inagawa, Franklin, Ha, and Rerek, rely on Ha and Rerek to
meet the claim limitation of a crystalline gel structurant comprising a
surfactant and a co-surfactant, wherein the structurant is nonionic and the
surfactant comprises “a C1-C200 polyethoxy or polypropoxy alcohol ester of
a C10-C22 fatty acid and the co-surfactant comprising a mixture of C10-C22
fatty alcohol, a glyceryl ester of a fatty acid and a C10-C22 unesterified fatty
acid.” Thus, these rejections are also reversed for the reasons set forth
above.
CONCLUSION
In summary, we find that the Examiner has not set forth a prima facie
case of obviousness, and the rejections of record are reversed.
REVERSED
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