Appeal No. 1997-3354 Page 6
Application No. 08/469,809
that do not materially affect the basic and novel characteristic(s) of a composition.” In re Herz, 537
F.2d 549, 551-52, 190 USPQ 461, 463 (CCPA 1976). In the fact situation presented here, there is
no convincing evidence nor convincing argument tending to show that the surfactants described in
Brumbaugh modify the cleaning characteristics in a material way. Accordingly, claim 13 must be
construed as open to the additional surfactants of Brumbaugh. Appellant argues that there is no
suggestion or motivation to take away the two surfactants which Brumbaugh describes as required
(Brief, page 8). However, since the claim is open to the inclusion of the surfactants, we agree with the
Examiner that there need be no suggestion, reason, or motivation to remove the surfactants from the
formulation.
Appellant points out that the specific examples of Brumbaugh do not mention chelating agents
and a source alkalinity as specific ingredients and that the exemplified compositions only contain about
1 percent of additional optional ingredients (Brief, page 9). However, we note that the general
description contained in Brumbaugh indicates which chelating agents and sources of alkalinity may be
incorporated and provides guidelines as to the amounts. It is well settled that a prior art reference is
relevant for all that it teaches to those of ordinary skill in the art. In re Fritch, 972 F.2d 1260, 1264,
23 USPQ2d 1780, 1782 (Fed. Cir. 1992). See also Merck & Co v. Biocraft Labs., 874 F.2d 804,
807, 10 USPQ2d 1843, 1847 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989)(A reference may be
relied upon for all that it would have reasonably suggested to one having ordinary skill in the art,
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