Ex parte MAZZOLA - Page 3




          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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