Appeal 2007-2521
Reexamination 90/007,130
1 In arguing patentability, Patentees have effectively argued two groups
2 of claims. The first group includes Claims 1-3 and 16-18. We select claim 1
3 as representative of that group. 37 CFR § 41.37(c)(vii). Claims 2-3 and 16-
4 18 stand or fall with Claim 1. The second group is Claims 4-7 and 12-15.
5 Appeal Brief, p. 9-11. We select Claim 4 as representative of the second
6 group. Claims 5-7 and 12-15 stand or fall with Claim 4.
7 SUBJECT MATTER OF THE INVENTION
8 Patentees claim rehological additives which are defined in terms of
9 the component reactants and the process of producing the additives. The
10 reactants are (1) certain diamines; (2) specified straight chain
11 monocarboxylic acids and (3) 12-hydorsteric acid. The additives are made
12 by mixing the three ingredients and heating.
13 Representative Claim 1 is reproduced below2:
14 1. A rheological additive consisting of the reaction
15 product of:
16 (a) diamine selected from the group consisting of
17 ethylene diamine and hexamethylene
18 diamine;
19 (b) one or more straight chain monocarboxylic
20 acids selected from the group consisting of
21 pentanoic acid, hexanoic acid, heptanoic
22 acid and octanoic acid; and
23 (c) 12-hydroxystearic acid;
24 wherein the rheological additive is produced by a
25 process consisting of mixing (a), (b) and (c)
26 together and then heating the mixture to form the
27 rheological additive.
2 All references to the claims are to the copy appearing in the Claims
Appendix submitted with the Appeal Brief. The Examiner has certified the
copy to be correct. Examiner’s Answer, p. 3.
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