Appeal No. 1997-3350
Application No. 08/522,164
30 weight percent, based on the surfactant weight, of a
polyethylene glycol constituent corresponding to the formula:
H-(OCH CH ) -OH
2 2 n
where n is an average number of ethoxylate groups between
about 20-240; (3) between about 0.5-10 weight percent of
water-soluble inorganic potassium salt; and (4) less than
about 5 weight percent of phosphate salt.
The prior art references relied upon by the examiner on
appeal are:
Boucher et al. (Boucher) 5,180,515 Jan. 19, 1993
Mazzola 5,482,646 Jan. 9, 1996
(effective filing date: Mar. 5, 1993)
Pepe et al. (Pepe) 5,415,806 May 16, 1995
All of the appealed claims stand rejected for obviousness
under 35 USC § 103 in view of either Boucher alone or,
alternatively, in view of Mazzola taken in combination with
Pepe.
Upon careful consideration of the entire record in light
of the opposing positions advanced on appeal, we find that the
issues presented are not ripe for a decision on the merits.
Accordingly, we shall remand this application to the examiner
to address the following matters.
First, with regard to the rejection based upon the
Boucher reference, we note that at least some of appellant's
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