Appeal No. 1997-3170
Application No. 08/330,597
OTHER ISSUES
We note that Suzuki teaches a rinse aid composition
containing certain surface active agents in addition to the
claimed sorbitan fatty acid mono ester. See page 5. It is
not clear whether these surface active agents are known to
function as defoamers. Although the specification discloses
some of these surface active agents as defoaming agents (pages
14 and 15), there is no evidence that one of ordinary skill in
the art knew that such surface active agents also function as
defoaming agents. Upon return of this application, the
examiner is to determine the known functions of the surface
active agents described in Suzuki and, based on that
determination, reassess the collective teachings of Suzuki and
Gandolfo to ascertain whether they affect the patentability of
the claimed subject matter.
We also note that the terms “the nonionic surface active
agent[s]” and “the rinse,” recited in claims 1 and 29 do not
have any antecedent basis. It is difficult to determine
whether they refer to the “sorbitan fatty acid mono ester” and
the “rinse aid composition,” respectively or something else.
Upon return of this application, both the examiner and
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