Appeal No. 1997-3170
Application No. 08/330,597
composition having a combination of the claimed sorbitan fatty
acid mono ester and the claimed defoamer. There is no dispute
that Suzuki describes a rinse aid composition having the
claimed sorbitan fatty acid mono ester. However, the examiner
has not referred to any evidence establishing the desirability
of adding the claimed defoamer in the rinse aid composition of
the type described in Suzuki.
Although the examiner relies on Gandolfo to demonstrate
obviousness of adding the claimed defoamer in the composition
of the type described in Chun, Corring, or Suzuki, Gandolfo
teaches adding such defoamer to detergents containing
particular ingredients which suffer from foaming problems.
Nowhere does Gandolfo teach that the rinse aid composition of
the type described in Chun or Suzuki requires any defoamer,
much less the claimed defoamer. The examiner simply has not
supplied any evidence that the rinse aid composition of the
type described in Chun or Suzuki suffers from foaming
problems.
In view of the foregoing, we reverse the examiner’s
decision rejecting all of the appealed claims under 35 U.S.C.
§ 103.
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