Appeal No. 2003-1914
Application No. 09/485,989
According to appellants, "[t]he combination of the specific
nonionic alkoxylated surfactants with the certain principal
solvents provide [sic, provides] clear fabric softening
compositions that have improved clarity and stability" (page 2 of
Brief, first paragraph).
Appealed claims 1, 2, 14-16, 18-24, 26 and 27 stand rejected
under 35 U.S.C. § 103 as being unpatentable over EP '547. Claims
1, 14-18 and 21-26 stand rejected under 35 U.S.C. § 103 as being
unpatentable over EP '052.
Appellants submit at page 2 of the Brief that "[c]laims 1-2
and 14-27 stand or fall together." Accordingly, all the appealed
claims stand or fall together with claim 1, and we will limit our
consideration to the examiner's separate rejections of claim 1.
We have thoroughly reviewed each of appellants' arguments
for patentability. However, we are in complete agreement with
the examiner that the claimed subject matter would have been
obvious to one of ordinary skill in the art within the meaning of
§ 103 in view of the applied prior art. Accordingly, we will
sustain the examiner's rejections for the reasons set forth in
the Answer, which we incorporate herein, and we add the following
primarily for emphasis.
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