Appeal No. 95-4089
Application 08/090,073
Decision on appeal under 35 U.S.C. § 134
The appeal is from a decision of the Primary Examiner
rejecting claims 1-12 and 15. We vacate the rejection made by
the examiner and enter new grounds of rejection pursuant to
37 CFR § 1.196(b).
A. Findings of fact
The record supports the following findings by a
preponderance of the evidence.
The invention
1. Applicant has discovered a cleaning composition
for removal of limescale on limescale-containing bathroom-type
stains (specification, page 2, second paragraph).
2. Prior to applicant's discovery, cleaning
compositions are said to have contained phosphoric acid. But
the use of phosphoric acid is said to have "become subject to
discussions, in relation to environmental questions"
(specification, page 1, last paragraph). Consistent with
applicant's point of view, is Cook, U.S. Patent 5,008,030
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