Appeal 2007- 2552
Application 10/276,428
A microemulsion is defined as a
thermodynamically stable, macroscopically
homogeneous mixture of oil, water and surfactant.
It contains, on a microscopical level, individual
domains of oil and water separated by a surfactant
layer. The visual appearance may be very similar
to a true solution but also somewhat opaque or
bluish depending on the microscopic structure.
This structure has a high degree of dynamics thus
making it irrelevant to talk about droplet size and
to refer to a microemulsion as an emulsion with
micro-droplets. The decisive property is the
thermodynamic stability.
(Specification 1:11-20).
2. The Specification does not further define “thermodynamic
stability” nor discuss the time period for which the
microemulsion must be stable in order to be
“thermodynamically stable.”
3. Amalric describes emulsions, and in particular “fluid emulsions
such as milks, which are stable over time.” (Amalric, col. 1, ll.
48-51). The emulsions may be stable for more than three
months (Amalric, col. 4, ll. 50-52).
4. These emulsions are of the water-in-oil, oil-in-water, or oil-in-
water-in-oil type (Amalric, col. 4, ll. 44-47). They contain oil
and from 1-15 wt% of a concentrate including alkyl glycosides
and alcohols (Amalric, col. 4, ll. 63-65).
5. The alkyl glycoside component is a mixture of two alkyl
glycosides, one of formula I and one of formula II. The
formula I glycoside includes an alkyl group of 8 to 15 carbon
atoms that can be linear or branched (Amalric, col. 1, l. 63 to
3
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Last modified: September 9, 2013