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:
2
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