Ex parte MAZZOLA - Page 4

                 Appeal No. 1997-3350                                                                                                                   
                 Application No. 08/522,164                                                                                                             

                 claims require that the subject composition include PEG in an                                                                          
                 amount of "between about 5-30 weight percent, based on the                                                                             
                 surfactant weight" (underlining added for emphasis).1                                                                                  
                          Boucher includes PEG as an additive in exemplified                                                                            
                 compositions (Examples I-VI), but the Boucher disclosure                                                                               
                 apparently does not indicate its intended function in the                                                                              
                 laundry detergent composition.                                                                                                         
                          Before we can determine the question of obviousness with                                                                      
                 regard to PEG content, an apparent inconsistency between the                                                                           
                 positions of the examiner and the appellant needs to be                                                                                
                 resolved.  Appellant states in his brief (p. 11-12) that "the                                                                          
                 Examples I-IV detergent compositions in Boucher et al. have a                                                                          
                 polyethylene glycol weight percent content of 1.4%,                                                                                    
                 respectively, and Examples V-VI have a polyethylene glycol                                                                             
                 weight percent content of 3.4 and 1.7, respectively, based on                                                                          
                 the weight of surfactant".  Appellant does not explain how he                                                                          
                 arrived at these figures.                                                                                                              
                          On the other hand, according to the examiner's answer                                                                         

                          1Claims 12-14 do not require that the weight percent of                                                                       
                 PEG be based upon surfactant weight.                                                                                                   

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