Appeal 2007-4234
Application 10/929,891
the claim would not have adequately enabled by the description of the
invention provided in the specification of the application, we REVERSE the
rejection of claims 1-19 under § 112, first paragraph.
IV. Anticipation
Claims 1-9, 14-15 and 19 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Ohkura. Appellant has not argued the separate patentability
of claims 1-3, 5-9, 14-15 and 19. Therefore, we decided this issue on the
basis of claims 1 and 4. 37 C.F.R. § 41.37(c)(1)(vii).
A. Additional Findings of Fact
[23] Ohkura discloses a chemical dispersant for treating highly viscous oil
which comprises (a) a polyoxyethylene sorbit fatty acid ester having
an HLB of 10-13, (b) a nonionic surfactant having an HLB of 2-6 and
(c) a hydrocarbon solvent (Ohkura at 7-8, ¶ 8, and 18, ¶ 39).
[24] Polyoxyethylene sorbit fatty acid esters having HLBs of 10-13 are
said to show a high emulsification performance against highly
viscous oil (Ohkura at 10, ¶ 12).
[25] The HLB 2-6 nonionic surfactant is said to improve "soaking
characteristics into highly viscous oil" (Okhura at 16, ¶ 33).
[26] The hydrocarbon solvent may be a paraffin type solvent, a
naphthalene type solvent, spindle oil, n-decane, kerosene or light oil
(Ohkura at 8-9, ¶ 8).
[27] The hydrocarbon solvent is said to be effective in reducing the
viscosity of the highly viscous oil (Okhura at 16-17, ¶ 35).
[28] According to Ohkura, the dispersant can be used for dispersion
treatment of oil, without restriction as to the type of oil (Ohkura at 18,
¶ 39).
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