Appeal No. 95-4089
Application 08/090,073
acid and a nonionic surfactant has unusual properties vis-à-
vis the same composition also containing an anionic or
cationic surfactant.
In rendering our decision, we have not overlooked the
"Experimental Data" described on pages 5 through 8 of
applicant's specification.
Experimental Data (a) (pages 5-7) does not compare the
closest prior art with the claimed subject matter. Compare In
re Merchant, 575 F.2d 865, 869, 197 USPQ 785, 788 (CCPA 1978)
(an applicant relying upon a comparative showing to rebut a
prima facie case of obviousness must compare claimed invention
with the closest prior art); In re DeBlauwe, 736 F.2d 699,
705, 222 USPQ 191, 196 (Fed. Cir. 1984) (same). Thus,
Composition B (with maleic acid) has not been compared to
similar compositions with the preferred dicarboxylic acids of
Cook. The comparison of Composition B to Composition C is
entitled to little, if any, weight given that Cook describes
compositions without an anionic surfactant.
Experimental Data (b) (pages 7-8) is entitled to little,
if any, weight given that neither applicant nor Cook describe
cleaning compositions made solely from maleic acid.
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