Ex parte VOS - Page 26




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

          3 is less irritating to skin that a pH of 1.2.  There is                    
          nothing in Cook which says the pH cannot be 1.2 given that                  
          Cook says the pH is "[g]enerally from about 2-4" (col. 7,                   
          lines 8-9).  Based on Thomas, one skilled in the art would                  
          have recognized that the pH of a cleaning composition could be              
          as low as 1.  Moreover, Thomas tells us that pH is adjusted to              
          achieve the "greatest functional effectiveness with safety"                 
          (col. 4, lines 7-8).  Where the user is wearing  gloves,                    
          irritation to the skin may not be as much a concern and a                   
          lower pH would be acceptable.  Accordingly, we find nothing                 
          unobvious about the use of a pH of 1.2.  Certainly nothing in               
          the record would establish that any unusual result is achieved              
          with a pH of 1.2.                                                           
               In rendering our decision, we have not overlooked the                  
          fact that the Cook compositions optionally may contain an                   
          anionic or cationic surfactant and that applicant's claim 6                 
          calls for a composition substantially free of an anionic or                 
          cationic surfactant.  However, Cook expressly makes the                     
          presence of an anionic or cationic surfactant optional and                  
          describes examples with and without those surfactants.                      
          Applicant has not established that a composition with maleic                

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