Appeal No. 2003-1914
Application No. 09/485,989
We consider first the examiner's rejection over EP '547.
There is no dispute that the reference, like appellants,
discloses a fabric softening composition comprising a fabric
softening compound, a principal solvent having a ClogP within the
recited range and a nonionic alkoxylated surfactant within the
scope of claim 1 on appeal. It is appellants' contention that
"[s]ince the compositions of US '7371 require 5% to 50% of
nonionic softener and 5% to 20% of a nonionic dispersing agent,
the compositions of US '737 thus require 10% to 70% of nonionic
alkoxylated materials" (page 2 of Brief, last sentence).
Appellants conclude, therefore, that "US '737 does not teach or
suggest a clear fabric softening composition wherein a total
level of nonionic alkoxylated surfactant is less than 10%, as
presently claimed" (page 3 of Brief, third paragraph). The
examiner, however, has effectively refuted this argument by
explaining that "appellant has recited the presence of specific
alkoxylated materials, and has claimed compositions containing
less than 10% of said nonionic alkoxylated materials (emphasis
added), which is different from a total concentration of less
than 10% of all nonionic alkoxylated materials" (sentence
bridging pages 5 and 6 of Answer). In other words, the examiner
1 U.S. '737 is the English equivalent of EP '547.
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