Ex parte COX - Page 3




                 Appeal No. 1996-0858                                                                                     Page 3                        
                 Application No. 08/117,648                                                                                                             


                 and further wherein said aqueous cellulase solution is free of                                                                         
                 surfactant;                                                                                                                            
                          (b) incubating the toweling at a temperature of from                                                                          
                 about 20° to about 65°C for a period of from about 1 to about                                                                          
                 16 hours to impart softening to said toweling; and                                                                                     
                          (c) treating the cotton toweling in a manner to remove                                                                        
                 and/or inactivate the cellulase enzyme.                                                                                                

                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Barbesgaard et al. (Barbesgaard)                               4,435,307                           Mar. 06,                            
                 1984                                                                                                                                   
                 Tai                                                            4,479,881                           Oct. 30,                            
                 1984                                                                                                                                   
                 Spendel                                                        4,489,455                           Dec. 25,                            
                 1984                                                                                                                                   

                 This merits panel of the Board of Patent Appeals &                                                                                     
                 Interferences cites and discusses the following reference.                                                                             
                 Cox et al. (Cox)                                               5,232,851      Aug. 03, 1993                                            
                                                                                102(e) date -  Oct. 16, 1990                                            
                          Claims 1-4, 6-10 and 12-16 stand rejected under 35 U.S.C.                                                                     
                 § 103 as being unpatentable over Tai in view of Spendel.2                                                                              

                          2The examiner refers to claims 1-4 and 6-16 as standing                                                                       
                 rejected under this ground of rejection (answer, page 3).                                                                              
                 However, we note that claim 11 was canceled in an amendment                                                                            
                 after final rejection filed April 22, 1994. The amendment was                                                                          
                 indicated by the examiner as being entered upon the filing of                                                                          
                 an appeal in an advisory action mailed June 23, 1994. We                                                                               







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