Appeal No. 95-4089
Application 08/090,073
purposes was to develop cleaning compositions without
phosphoric acid.
With respect to claims 8-10, see the discussion above
dealing with claim 1.
With respect to claims 11-12, see Bechstedt, col. 3, line
1, describing alcohols with 12 carbon atoms and col. 3, line 3
describing 5-10 mols of ethylene oxide. While 6 is not
described per se, the number of possibilities is so small that
each of 6, 7, 8 and 9 is described within the meaning of
35 U.S.C. § 102(b) by the description of the range 5-10.
Compare In re Schaumann, 572 F.2d 312, 316, 197 USPQ 5, 9
(CCPA 1978), reaffirming In re Petering, 301 F.2d 676, 133
USPQ 275 (CCPA 1962) (description of genus of 20 compounds
held to describe all 20 compounds). Moreover, it should be
noted that Bechstedt describes ethoxylation of nonyl phenol
with 6 mols of ethylene oxide (col. 3, lines 30-32).
3. New ground of rejection based on Cook
Claims 1-12 and 15 are rejected under 35 U.S.C. § 103 as
unpatentable over Cook when considered in light of the level
of ordinary skill in the art as set out in Findings 47 through
56.
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