Ex Parte Reisacher et al - Page 2

                  Appeal 2007-1205                                                                                            
                  Application 10/501,343                                                                                      

                  Appellants’ invention is directed to a solid pigment preparation, a process of                              
                  producing same, and processes for using such a preparation.  The                                            
                  preparation includes at least one pigment, one or more nonionic surface-                                    
                  active agents, and one or more anionic surface-active agents, each in a                                     
                  specified amount.  The nonionic additive is based on polyethers.  The                                       
                  anionic surface-active additive is based on sulfonates, sulfates,                                           
                  polyphosphonates, or phosphates.  Claim 1 is illustrative and is reproduced                                 
                  below:                                                                                                      
                         1. A solid pigment preparation including as essential constituents                                   
                         (A)  from 60 to <90% by weight of at least one pigment,                                              
                         (B)  from 10 to <40% by weight of at least one nomionic surface-                                     
                  active additive based on polyethers, and                                                                    
                         (C)  from 0.1 to 10% by weight of at least one anionic surface-active                                
                  additive based on sulfonates, sulfates, phosphonates or phosphates,                                         
                         the sum total of the weight percentages not exceeding 100% 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  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 Serial No. 10/515,345                                                                 
                         Claims 1-12 stand provisionally rejected under the judicially created                                
                  doctrine of obviousness type double patenting over claims 1-20 of                                           

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