Ex parte BROWN et al. - Page 10




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


          the optimum pH need not be disclosed.  All that is required is              
          that the teachings from the applied prior art appear to have                
          suggested the claimed subject matter to one of ordinary skill               
          in the art.  See In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ              
          143, 147 (CCPA 1976).  As discussed above, the applied prior                
          art would have provided one of ordinary skill in the art with               
          such a suggestion.                                                          
               The appellants argue that although the heavy duty liquid               
          cleaning composition in Kasturi’s example in which the pH is                
          up to 7.5 (col. 26, line 13) contains an amylase enzyme and an              
          alkoxylated alcohol having an average of 3 ethylene oxide                   
          groups per molecule, it does not contain a zeolite,                         
          particularly the appellants’ small particle size zeolite                    
          (brief, page 8).  Kasturi’s disclosure as a whole, however,                 
          including the portion which discloses that the composition can              
          contain zeolite MAP (col. 14, lines 35-36), would have fairly               
          suggested, to one of ordinary skill in the art, the                         
          composition recited in the appellants’ claim 15.                            
               Accordingly, we affirm the rejections of the appellants’               
          claim 15.                                                                   
                          Rejection of claim 6 over Watson                            
                                         10–                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007