Appeal No. 96-1675
Application No. 08/317,977
examiner as evidence of obviousness are:
Nakamura et al. (Nakamura) 4,414,305 November 8,
1983
Iwano 4,954,425 September 4,
1990
Claims 1 through 5, 7 through 10 and 12 through 18 stand
rejected under 35 U.S.C. § 103 as being unpatentable from the
disclosure of Nakamura or Nakamura considered with Iwano. We
affirm.
OPINION
Our analysis of the issues presented for our
determination begins with an analysis of appellant's claimed
subject matter. As so-called "comprising" claims, the
appealed claims do not exclude either unrecited or even
undisclosed ingredients or steps. In re Baxter, 656 F.2d 679,
686, 210 USPQ 795, 802 (CCPA 1981). Accordingly, the claims
embrace, but are not limited to, aqueous compositions which
include an unidentified "colour developing agent", hydrogen
peroxide or a compound which provides hydrogen peroxide and
hydroxylamine or a salt thereof and wherein the peroxide or
peroxide forming compound and the hydroxylamine or salt
thereof are present in particular amounts. The pH of the
aqueous compositions is in the range of from 11 to 12.
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