Appeal No. 1996-0858 Page 12
Application No. 08/117,648
on both sides with a specified cellulase formulation that
included a surfactant which surfactant is excluded by the
preparation method for the product recited in claim 17.
Moreover, the product of claim 17 is not limited to the
particulars of the preparation method specified in example 1.
In addition, as set forth at pages 5 through 10 of the
specification, a variety of unspecified factors to which claim
17 is open, such as the presence or absence of buffers, ph,
the particular cellulase enzyme utilized, etc., will effect
the toweling product properties. Thus, we find that the
product toweling of claim 17 embraces a wide range of
softness, tensile strength, absorbency, and other properties
as would toweling products of the admitted prior art.
Accordingly, on this record, we conclude that the claimed
toweling product would reasonably appear to embrace the
admitted prior art toweling product including being open to
having the same or similar softness, tensile strength,
absorbency, and other properties of the admitted prior art
product.
In view of the above, one skilled in the art would have a
reasonable expectation that the products are the same. See In
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