Ex parte TSAO et al. - Page 6




          Appeal No. 1996-2766                                                        
          Application No. 08/258,909                                                  


          the claims require the absence of a protein-dissolving                      
          effective amount of surfactant.                                             
               The examiner’s combination of Davies with the primary                  
          reference to Fu does not remedy the deficiency discussed above              
          as Davies is applied by the examiner for the teaching that                  
          contact lens cleaners are formulated in a solid form for                    
          superior cleaning performance (Answer, pages 4-5).  In                      
          addition to the deficiency in Fu discussed above, the examiner              
          has not provided any reason or suggestion for the proposed                  
          combination of Fu and Davies.  Davies discloses a                           
          disinfecting/cleaning composition which contains a hydrogen                 
          peroxide source which would be inactivated by water.  Thus the              
          disinfecting unit form must be a solid (see Davies, column 1,               
          lines 5-13; column 2, lines 14-18; column 3, lines 9-18;                    
          column 6, lines 10-17).  The examiner has not presented                     
          evidence or convincing reasoning of any teaching, suggestion                
          or motivation to support the proposed combination of Fu and                 
          Davies, considering that the cleaning composition of Fu does                
          not contain hydrogen peroxide and is in aqueous form.  See In               




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