Appeal No. 1996-3847 Page 7
Application No. 08/162,063
sulphate surfactants (col. 3, lines 45-50). Overton does not indicate how the alkyl sulphate surfactant is
derived. However, Chung teaches similar bleaching compositions and indicates that useful anionic
surfactants for use in the bleaching compositions can be obtained by sulphating higher alcohols
produced by reducing the glycerides of coconut oil (col. 8, lines 40-51). The Examiner concludes that:
It would have been obvious to one of ordinary skill in the art at the time the invention was
made to formulate a bleach/detergent composition which contains an anionic alkyl sulfate
surfactant, a nonionic surfactant as claimed, an ammonium salt of an anionic surfactant (as
a thickening surfactant), and hydrogen peroxide, all in their claimed proportions, because
such compositions fall within the scope of those as preferred by Overton. It would have
been obvious to one of ordinary skill in the art at the time the invention was [made to] use
alkyl sulfates derived from coconut oil as the anionic alkyl sulfate co-surfactants in the
compositions of Overton because Chung teaches these surfactants as preferred alkyl
sulfate anionic surfactants in bleach compositions, absent a showing otherwise. (Answer,
page 10).
We agree with Appellants that Overton does not explicitly suggest that the alkyl sulphate be
derived from coconut oil (Brief, page 6). However, the Examiner has established that derivation of
alkyl sulphate anionic surfactants from coconut oil for use in bleaching compositions was conventional in
the art at the time the invention was made. Since Overton is silent as to the derivation of the alkyl
sulphate surfactant, one of ordinary skill in the art would have chosen a conventionally derived one such
as that taught by Chung as it would have been readily available.
Appellants argue that Overton only teaches alkyl sulphates as an optional replacement for the
optional nonionic co-surfactant (Brief, page 6). This is not all Overton teaches. Overton indicates that
“anionic co-surfactants [such as linear alkyl sulphates] ... may be used instead of or in admixture with
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