Ex parte SCIALLA et al. - Page 9




                Appeal No. 1996-3847                                                                                Page 9                  
                Application No. 08/162,063                                                                                                  

                the claims patentable.  See In re Kronig, 190 USPQ 425 (CCPA 1976) and In re Heck, 216 USPQ                                 

                1038 (Fed. Cir. 1983).                                                                                                      

                        In regard to the combination of Overton with Chung, Appellants argue that the combination is                        

                illogical (Brief, page 6).  We do not agree.  Chung is simply evidence that derivation of alkyl sulphate                    

                surfactants from coconut oil was conventional.  Chung is relied on to interpret the more generalized                        

                disclosure of alkyl sulphate in Overton.  The rejection does not require Chung to create a problem and                      

                then solve it as argued.  The disclosure of Chung is worthwhile simply because it provides further detail                   

                as to the origins of conventional alkyl sulphate surfactants used in bleaching compositions.                                

                        We conclude that the Examiner has established a prima facie case of obviousness with respect                        

                to the subject matter of claims 1-8, 11, and 14-19 which has not been sufficiently rebutted by                              

                Appellants.                                                                                                                 

                Overton in Combination with Chung and Aoyagi                                                                                

                        Overton teaches adding an acidic compound capable of providing the bleaching composition                            

                with a pH value of below 4 (col. 4, lines 8-11).  Overton indicates that suitable acidic compounds are                      

                in particular found among the strong mineral acids and lists several such acids including sulphuric acid                    

                (col. 4, lines 14-18).  Aoyagi teaches a bleaching composition in which the pH is adjusted to 1.5 to 6,                     

                preferably 2 to 4.5 using either an inorganic acid or an organic acid  (col. 3, lines 58-62).  Both                         

                sulphuric acid and citric acid are listed as usable.  We agree with the Examiner that Aoyagi is evidence                    

                that those of ordinary skill in the art of bleaching compositions recognized that citric acid was equivalent                








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