Appeal No. 1998-1714
Application No. 08/441,823
claimed composition in that it discloses a composition comprising
a washing agent for cleaning the hands when applied to the hands
and rinsed away with water (liquid hand soap, col. 7, line 29)
and a fluorescent agent (col. 7, line 41), which, being in
solution, would be "generally invisible to the eye." The
recitation in lines 7 to 9 of claim 13 (and including claim 16)
of "wherein said fluorescent agent . . . the handwashing process"
is simply a statement of intended result or use, which does not
make a claim to the product patentable. In re Schrieber, supra.
Conclusion
The examiner’s decision to reject claims 1, 3 to 7 and
9 to 17 is reversed. Claims 1, 3 to 7 and 9 to 17 are rejected
pursuant to 37 CFR § 1.196(b).
This decision contains new grounds of rejection pursuant to
37 CFR § 1.196(b) (amended effective Dec. 1, 1997, by final rule
notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203 Off.
Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR
§ 1.196(b) provides, "[a] new ground of rejection shall not be
considered final for purposes of judicial review."
37 CFR § 1.196(b) also provides that the appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new grounds of
13
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