Ex Parte Jung et al - Page 2

                Appeal 2006-3025                                                                               
                Application 10/714,110                                                                         

                dishes.  (Specification [0035]).  “[T]he value for the solubility of the soiling               
                of the dishes is derived from the water temperature of the rinsing liquid and                  
                length of time of the rinse operation until the increase in the turbidity of the               
                rinsing liquid has reached the value zero.”  (Specification [0034]).                           
                Independent claim 12 is illustrative of the invention:                                         
                      12.  A method of cleaning dishes in a dishwasher in accordance                           
                with a programmed wash cycle implemented by a central control unit and                         
                comprising a rinse step where a rinse liquid is recirculated in the dishwasher                 
                and a cleaning step where a wash liquid is recirculated in the dishwasher, the                 
                method comprising:                                                                             
                      determining a solubility of soil on the dishes to be cleaned; and                        
                      setting at least one operating parameter of the cleaning step based on                   
                the determined solubility.                                                                     
                      The Examiner relies on the following prior art references to show                        
                unpatentability:                                                                               
                Bashark    US 3,888,269  Jun. 10, 1975                                                         
                Smith     US 5,586,567  Dec. 24, 1996                                                          

                      Appellants appeal from the Examiner’s rejection of claims 2, 8-10,                       
                and 12-20 under 35 U.S.C § 103(a) as unpatentable over Bashark in                              
                combination with Smith.1                                                                       
                                                                                                              
                1 In the Final Rejection, mailed November 23, 2005, claims 12, 2, 8-10, and                    
                13-20 were provisionally rejected under the judicially created doctrine of                     
                obviousness-type double patenting as being unpatentable over claims 1-20 of                    
                copending Application No. 10/713,305, and claims 12, 16-17, and 19-20                          
                were provisionally rejected under the judicially created doctrine of                           
                obviousness-type double patenting as being unpatentable over claims 7-8 of                     
                copending Application No. 10/713,304.  These rejections were indicated as                      
                withdrawn in the Advisory Action, miled February 1, 2006.  Thus,                               
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