Ex parte WILLEY et al. - Page 4




          Appeal No. 1997-3738                                                        
          Application No. 08/469,741                                                  


               Based upon the record before us, we agree with appellants              
          that the examiner has failed to establish a prima facie case                
          of obviousness.  Accordingly, we reverse the rejections at                  
          issue.                                                                      
               We would agree with the examiner, appellants' arguments                
          to the contrary notwithstanding, that it would have been prima              
          facie obvious within the context of 35 U.S.C. § 103 to use                  
          the substituted peroxybenzoic acids of Brocklehurst in place                
          of the unsubstituted perbenzoic acid of Castrantas to obtain                
          the benefits suggested by Brocklehurst (Table I).  We would                 
          even agree with the examiner that it would have been prima                  
          facie obvious, in the alternative, to combine a peroxygen                   
          compound with a suitable bleach activator containing a                      
          substituted benzoyl moiety to obtain the corresponding                      
          peroxybenzoic acid in situ, as suggested by Castrantas (col.                
          3, l. 11-14, 61-4).                                                         
               However, the examiner has not adequately explained why it              
          would have been obvious to those of ordinary skill in the art               
          to use a substituted BCL, in particular, as such an activator.              


          Answer.                                                                     
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