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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