Appeal 2007-2234 Application 09/950,477 has increased stability over a wider pH range which broadens the scope of practical uses" as taught by the incorporated Iler (id., 9). E. Appellants' position In essence, Appellants argue that Miranda, when considered in its entirety, teaches away from use of latex-free compositions and that the Examiner has misinterpreted Examples 1-4 in Miranda (Corrected Appeal Brief, filed 21 September 2006, "Appeal Br.," 8-12; Reply Brief, filed 13 February 2007, "Reply Br.," 5-8). Appellants also point out that the latex- free examples in Miranda contain an "unnamed silica sol" (Appeal Br., 11; Reply Br., 8). Finally, Appellants rely on a previously submitted Declaration by Bo Larsson ("Larsson Declaration," executed 15 October 2004) as evidence of unexpected results using the claimed invention (Appeal Br., 9-10; Reply Br., 10). F. Analysis First, we agree that the Examiner has mischaracterized the disclosure in Miranda. For example, the latex-free formulations in Examples 1-4 are not "non-preferred embodiments" of Miranda's anti-skid composition precisely because they do not contain any latex (Miranda 4:1 to 5:28; 14:4-8). Thus, formulations (1) and (2) of Example 1 represent compositions of the prior art vis-à-vis formulation (3) which represents a composition according to Miranda. Formulation (3) of Example 1, which contained latex, showed higher antiskid properties than the other two formulations because it had less of a slide angle loss through the winder. The Examiner's interpretation of Example 3 in Miranda failed to acknowledge that formulation C, which contained an alcohol additive, 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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