Appeal 2007- 2552 Application 10/276,428 I. BACKGROUND The invention relates to a one-phase microemulsion composition. Claim 1 is illustrative of the subject matter on appeal: 1. A one-phase microemulsion composition having an oil/water ratio of 1:99 to 60:40 which comprises an alkyl glycoside emulsifier system comprising a branched alkyl glycoside with the formula R1OGn (1) wherein R1 is a branched alkyl group containing 8-16 carbon atoms, G is a saccharide residue and n, the degree of polymerization, is between 1-5, the weight ratio between the emulsifier system and the oil being less than 4:1. The Examiner relies on the following prior art reference to show unpatentability: Amalric US 5,670,471 Sep. 23, 1997 The Examiner rejects claims 1-20 under 35 U.S.C. § 102(b) as anticipated by, or in the alternative, under 35 U.S.C. § 103(a) as obvious over Amalric. II. DISCUSSION A. Issue The dispositive issue in this appeal is: Does the emulsion composition of Amalric anticipate or render obvious the one-phase microemulsion composition of the claims? B. Facts 1. Appellants’ Specification includes the following definition of a microemulsion: 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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