Ex parte BROWN et al. - Page 4




                 Appeal No. 2000-0018                                                                                                                   
                 Application No. 08/860,941                                                                                                             


                 expressed as a d  value, of less than 1.0 micrometers,  2) an50                                                                  1                                     
                 enzyme which can be an amylase enzyme (col. 10, line 58),  and                                        2                                
                 3) a surfactant which can be a conventional nonionic                                                                                   
                 surfactant such as a C -C  alkyl ethoxylate (col. 8, lines 10-                                                                         
                                                         12   18                                                                                        
                 11).                                                                                                                                   
                          Watson does not disclose that the C -C  alkyl ethoxylate                                                                      
                                                                                         12    18                                                       
                 can have less than 5 alkylene oxide groups per molecule and a                                                                          
                 hydrophilic lipophilic balance value of less than 9.5.                                                                                 
                 However, the teaching that the composition can contain a                                                                               
                 conventional C -C  alkyl ethoxylate surfactant would have                                                                              
                                          12    18                                                                                                      
                 fairly suggested, to one of ordinary skill in the art, using                                                                           
                 any C -C  alkyl ethoxylate known to be suitable for use in a                                                                           
                          12    18                                                                                                                      
                 detergent composition, such as the condensation product of a                                                                           
                 C -C  linear alcohol with 3.0 moles of ethylene oxide, having                                                                          
                   12    13                                                                                                                             
                 a hydrophilic lipophilic balance value of 8-11, preferably 8-                                                                          


                          1It is axiomatic that our consideration of the prior art                                                                      
                 must, of necessity, include consideration of the admitted                                                                              
                 prior art.  See In re Hedges, 783 F.2d 1038, 1039-40, 228 USPQ                                                                         
                 685, 686 (Fed. Cir. 1986); In re Davis, 305 F.2d 501, 503, 134                                                                         
                 USPQ 256, 258 (CCPA 1962).                                                                                                             
                          2The appellants further acknowledge that it was known in                                                                      
                 the art to use zeolite MAP in combination with an enzyme                                                                               
                 (specification, page 2).                                                                                                               
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