Appeal No. 95-4089
Application 08/090,073
to use the maleic acid of Heit as the carboxylic acid
component of the cleaning composition of Thomas.
Applicant's rationale
23. According to applicant, the invention is "a
selection invention" [whatever that might be] over Thomas.
24. Applicant says that Thomas "does not teach
maleic acid" (Appeal Brief, page 2). To the extent that
applicant means that Thomas does not explicitly describe the
use of maleic acid, applicant is correct.
25. Moreover according to applicant, Thomas "teaches
away from [the use of] unsaturated acids such as maleic
[acid]" based on Thomas' expressed preference for saturated
acids (Appeal Brief, page 2).
26. Apparently on the basis of experimental data
described in the specification, applicant says that "nonionic
detergent surfactants in combination with maleic acid are
clearly superior limescale and soap scum removing compositions
over other detergent surfactants in combination with maleic
acid" (Appeal Brief, page 2). Applicant accordingly argues
that the claimed invention would not have been obvious to a
person having ordinary skill in the art.
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