Ex parte BAUM - Page 4




          Appeal No. 1997-3170                                                        
          Application No. 08/330,597                                                  


          35 U.S.C. § 103 as unpatentable over the combined disclosures               
          of either Corring or Chun, and Gandolfo; and                                
               4)   Claims 1, 7 through 14, 29 and 35 through 49 under                
          35 U.S.C. § 103 as unpatentable over the combined disclosures               
          of Suzuki and Gandolfo.                                                     
               We have carefully reviewed the claims, specification, and              
          applied prior art, including all of the arguments advanced by               
          both the examiner and appellant in support of their respective              
          positions.  This review leads us to conclude that the                       
          examiner’s § 103 rejections are not well founded.                           
          Accordingly, we will not sustain the examiner’s § 103                       
          rejections for essentially those reasons set forth in the                   
          Brief.  We add the following primarily for emphasis and                     
          completeness.                                                               
               The claimed subject matter is directed to a food grade                 
          rinse aid composition in solid and liquid form.  See claims 1               
          and 29. The food grade rinse composition consists essentially               
          of a particular sorbitan fatty acid mono ester, a particular                
          defoamer,  and an aqueous diluent.  Id.  This composition must              
          be capable of displaying adequate sheeting properties during                
          the rinse cycle of mechanical warewashing.                                  
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