Ex parte CONLEY et al. - Page 4




          Appeal No. 1997-3332                                                        
          Application No. 08/436,182                                                  


          not contest this finding.  Accordingly, we affirm the                       
          rejection.  For the record, we note that appellants have                    
          offered in their Brief to amend claim 11 in order to obviate                
          the 35 USC § 112 rejection, and the examiner's Answer                       
          indicates that such an amendment would be accepted to obviate               
          the rejection if the amendment were presented separately.                   
               With regard to the prior art rejection, we affirm on the               
          grounds of anticipation and, in the alternative, on the                     
          grounds of obviousness.  As explained by the examiner, there                
          is little question that Mazzola discloses a powder laundry                  
          detergent blend which encompasses the claimed composition with              
          respect to both compositional components and component                      
          concentrations.  In this regard, we refer to the broad                      
          teachings of Mazzola (col. 1,                                               
          l. 60 - col. 2, l. 36) as well as Mazzola's working examples.               
          Of course, anticipation is the epitome of obviousness.                      
               Also, as noted by the examiner, the present claims                     
          include the open-ended term "comprising" and, thereby, do not               
          preclude addition of other components such as the fatty acid                
          salt coating of Mazzola.                                                    


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