Ex parte BAUM - Page 7




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


          also supported by the applied prior art references, namely                  
          Chun and Suzuki, which distinguish rinse aids from dishwashing              
          detergents.                                                                 
               Having interpreted the claims on appeal as indicated                   
          above, we agree with appellant that none of the applied prior               
          art references teaches or would have suggested the claimed                  
          food grade rinse aid composition.  As argued by appellant                   
          (Brief, page 10), Chun does not teach or suggest adding a                   
          defoamer to its rinse aid composition.  There is no evidence                
          that the rinse aid composition described in Chun needs a                    
          defoamer, much less the claimed defoamer.                                   
               As also argued by appellant (Brief, pages 11 and 12),                  
          Corring is not directed to the claimed food grade rinse aid                 
          composition.  Rather, it is directed to a cleaning composition              
          containing components which are precluded by the claims on                  
          appeal.  The examiner, however, has not explained why it would              
          have been obvious to remove those components and the                        
          corresponding functions from the cleaning composition                       
          described in Corring.                                                       
               As further argued by appellant (Brief, pages 15 and 16),               
          Suzuki does not teach, nor would have suggested, a rinse aid                
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