Appeal No. 95-4450
Application No. 07/949,676
composition with the component ratios as claimed for softening
textile materials. Moreover, the laundry use of any
composition within the broad generic formulas disclosed by
Llenado would appear to be followed by a rinse (column 8, line
5) resulting in an apparently small residue to be left on the
material that would be laundered. Llenado touts the "quick
rinsability" (column 8, line 5) of his foam compositions;
thus, cutting against the examiner’s position regarding the
amount of the composition (add on weight) left on the textile
material. Moreover, the formulas of Example XX are disclosed
as being useful as liquid dishwashing detergents, not textile
softeners as evidenced by the Suds During Washing (SDW) values
reported (Compare column 10, lines 6-17). The examiner has
not furnished any reasonable basis for concluding that Llenado
anticipates the softened textile material of claim 31.
Washing dishes with formula D of example 20 does not result in
a softened textile material. Thus, we agree with appellants
(brief, page 6) that Llenado does not describe the presently
claimed invention. In short, the record before us does
not support a conclusion that the examiner has met the burden
of presenting a prima facie case of anticipation. It follows
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