Appeal No. 94-4329
Application 08/040,346
Claim 31 is illustrative of the subject matter on appeal and reads as follows:
31. A pet shampoo formulation which is an aqueous medium having an
ingredient content which comprises (1) a salt ingredient selected from C -C fatty acid
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alkali metal and ammonium salts; (2) an inorganic salt ingredient selected from alkali
metal and ammonium bicarbonates; (3) a fragrance ingredient; and (4) at least one
compound selected from alkali metal and ammonium carbonates providing a pH in the
range of 7.5-12.
The references relied upon by the examiner are:
Steen et al. (Steen) 4,026,825 May 31, 1977
Crammer et al. (Crammer) 5,064,859 Nov. 12, 1991
Claims 31 through 33 and 35 through 37 stand rejected under 35 U.S.C. § 103
as unpatentable over Crammer in view of Steen. We reverse.
In our view, the examiner has misconstrued the portion of the disclosure of
Crammer which is most relevant in determining the patentability of the subject matter
on appeal. As a result of this error in fact finding, the examiner’s subsequent legal
conclusion under this section of the statute is flawed.
The claims on appeal are directed to an aqueous composition which includes a
salt ingredient selected from C -C fatty acid alkali metal and ammonium salts.
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Crammer describes aqueous compositions which include C -C fatty acids. As set
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forth at column 4, lines 26-41, of Crammer:
Other suitable formulations may include shampoos and soaps. Such
shampoos may include 10 to 30% active ingredient, ammonium lauryl
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