Appeal No. 95-4450
Application No. 07/949,676
contains alkyl polysaccharide surfactant together with other
ingredients (column 2, lines 9-25) and in one embodiment a
fatty amide (column 7, lines 22-40) as a suds modifier.
However, Cook does not teach the application of an effective
amount of appellants’ specific softener composition with the
claimed component ratio to textile material. We cannot agree
with the examiner that selecting Cook’s highest disclosed
amounts of amide for use in a composition with patentee’s
lowest disclosed amounts of alkyl polyglycosides for forming a
softening composition for use in treating textiles as claimed
herein would have been obvious since the examiner has not
pointed to any particular teachings of Cook or Llenado that
would clearly support such a modification. Moreover, for the
combined reasons indicated above, we do not find a teaching of
appellants’ method of using the claimed softening composition
or the softened product in the combination of the Llenado
patent and Cook as proposed by the examiner. Accordingly, we
agree with appellants (brief, page 8) that the proposed
combination of Cook and Llenado based on the examiner’s
picking and choosing of selected fragments of each of the
references disclosures in an attempt to arrive at the claimed
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