Ex Parte Johansson et al - Page 7

                   Appeal 2007- 2552                                                                                                
                   Application 10/276,428                                                                                           
                   those mixtures that are optimal for the desired intended use would have been                                     
                   well within the capabilities of one of ordinary skill in the art.  See In re                                     
                   Huang, 100 F.3d 135, 139, 40 USPQ2d 1685, 1688 (Fed. Cir. 1996) (“This                                           
                   court and its predecessors have long held, however, that even though                                             
                   applicant's modification results in great improvement and utility over the                                       
                   prior art, it may still not be patentable if the modification was within the                                     
                   capabilities of one skilled in the art, unless the claimed ranges 'produce a                                     
                   new and unexpected result which is different in kind and not merely in                                           
                   degree from the results of the prior art.'" quoting In re Aller, 220 F.2d 454,                                   
                   456, 105 USPQ 233, 235 (CCPA 1955) and citing In re Woodruff, 919 F.2d                                           
                   1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990)).                                                           
                           With respect to claim 4, Appellants contend that Amalric does not                                        
                   disclose or suggest that the branched alkyl glycoside is derived from an                                         
                   alcohol consisting of at least 50% of a Guerbet alcohol (Br. 8).  In response                                    
                   to the Examiner’s finding that claim 4 does not require a Guerbet type                                           
                   alcohol, but encompasses branched alkyl gylcosides derived from a genus of                                       
                   primary alcohols as well as the Formula II alcohols recited in the claim,                                        
                   Appellants contend that Amalric does not mention anything about what                                             
                   structure a possible branched alcohol should have (Reply Br. 3).  We agree                                       
                   with the Examiner that claim 4 is not limited to Guerbet type alcohols, the                                      
                   branched alkylglycoside may be derived from any one of the three recited                                         
                   types of alcohols listed in the claim as they are recited as alternatives.                                       
                   Amalric generally describes the use of branched alkyl glycosides and further                                     
                   describes deriving the alkyl glycosides from alcohols (FF 8).  The particular                                    
                   branched alcohols appropriate for use to form the alkyl glycoside would                                          
                   have been identified by routine experimentation.  Moreover, given the                                            

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