Appeal No. 95-4089
Application 08/090,073
Alternatively, if the "base composition" mentioned on page 7
is a cleaning composition containing ingredients other than
the acid, we have not found in the specification any cogent
description of the ingredients in the "base composition."
4. The examiner's rejection
We do not reach the examiner rejection based on Thomas
and Heit. Our rationale based on Cook and the level of
ordinary skill in the art is believed to be a stronger
rejection. If it cannot be sustained, it necessarily follows
that the examiner's rejection based on Thomas and Heit could
not be sustained. On the other hand, if our new ground of
rejection based on Cook and the level of ordinary skill in the
art is correct, there is no need to reach the examiner's
rejection based on Thomas and Heit.
Accordingly, we vacate the examiner's rejection based on
Thomas and Heit on the basis that it has become moot.
C. Decision
The examiner's rejection based on Thomas and Heit is
vacated.
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