Ex Parte Groemminger - Page 4




               Appeal No. 2005-0112                                                                            Page 4                  
               Application No. 09/737,004                                                                                              


               combination.  See In re Kemps, 97 F.3d 1427, 1430, 40 USPQ2d 1309, 1311 (Fed. Cir,                                      
               1996)(“[T]he motivation in the prior art to combine the references does not have to be identical                        
               to that of the applicant to establish obviousness.”); In re Beattie, 974 F.2d 1309, 1312, 24                            
               USPQ2d 1040, 1042 (Fed. Cir. 1992).                                                                                     
                       We agree with the Examiner that Hu suggests formulating a cleaning composition having                           
               the four components required by claim 1.  Particularly, Hu suggests a composition including an                          
               ethoxylated glucose derivative such as GlucamŽ E-20, which, according to Appellant’s                                    
               specification, is a non-amine polyethyleneoxy-containing material having an HLB value of at                             
               least about 18 in accordance with component (a) of claim 1 (Hu, p. 6, ll. 23-28, specification, p.                      
               3, ll. 10-12 and claim 5).  Hu further suggests including poloxamine surfactants meeting the                            
               requirements of component (b) of claim 1 in the composition (Hu, p. 6, ll. 3-15).  Hu also                              
               discloses that the composition can optionally include additional compatible surfactants known to                        
               be useful in wetting or rewetting solutions such as polysorbate 20 (Hu, p. 7, ll. 9-10).                                
               Polysorbate 20, according to Appellants’ specification, is a non-ionic surface active agent                             
               meeting the requirements of component (c) of claim 1 (specification, p. 4, ll. 10-22).  See also                        
               claim 7 which limits component (c) to polysorbate 20.  Hu further suggests adding cellulosic                            
               polymers and derivatives thereof which meet the requirements of the wetting agent of component                          
               (d) of claim 1 (compare Hu, p. 7, ll. 25-31 with specification, p. 5, ll. 6-8 and claim 9).  While                      
               Hu is motivated to make the cleaning composition for a somewhat different purpose than                                  









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