Ex parte VOS - Page 3




          Appeal No. 95-4089                                                          
          Application 08/090,073                                                      

          (1991),  which tells us that certain "prior art compositions2                                                                    
          incorporate phosphate acids and consequently have associated                
          problems concerning environmental safety" (col. 3, lines 20-                
          23).                                                                        
                    3.   Applicant's cleaning compositions "comprise from             
          4% to 25% by weight of the total composition of maleic acid"                
          (specification, page 3, third paragraph).                                   
                    4.   Applicant's cleaning compositions also "comprise             
          a nonionic surfactant system" (page 4, first full paragraph).               
          Apparently, nonionic surfactant systems are "more desirable"                
          because anionic and cationic surfactants are said to                        
          "adversely affect the limescale removing capacity of maleic                 
          acid" (specification, page 4, second full paragraph).  The                  
          nonionic surfactant comprise from 1% to 15% by weight of the                
          cleaning composition (id.).                                                 
                    5.   There is data described in the specification,                
          which is apparently based on actual experimentation.   The3                       
          data is said to show that (1) a cleaning composition                        

             Cook is prior art under 35 U.S.C. § 102(e).2                                                                        
             Applicant submitted no declaration under 37 CFR § 1.132 to establish that3                                                                        
          experimental work described in the specification was actually conducted.  However, the
          specification says experimental work was conduced.  We decide the appeal on the basis
          that the data described in the specification is based on actual experiments.
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