Ex parte MAN - Page 4




                Appeal No. 1997-3354                                                                            Page 4                  
                Application No. 08/469,809                                                                                              


                        We find that Brumbaugh describes aqueous liquid dishwashing compositions.  In addition to                       

                water and surfactants, the compositions contain either an amido amine oxide or an alkyl ethoxylated                     

                carboxylate.  Optionally, a number of other ingredients can be added including a source of alkalinity                   

                (col. 6, lines 57-62) and a chelating agent (sequestrant) (col. 7, lines 1-8).  The composition containing              

                the alkyl ethoxylated carboxylate is formulated to provide good detergency and foam stability at high                   

                water hardness levels (col. 2, lines 10-13).                                                                            

                        We find that Brumbaugh describes preferred alkyl ethoxylated carboxylates within the genus of                   

                the claimed composition (col. 5, line 57 to col. 6, line 2).  Furthermore, Brumbaugh describes                          

                formulating the composition so the three component mixture of surfactants and alkyl ethoxylated                         

                carboxylate represents 5 to 60 parts by weight of the total composition (col. 3, lines 27-31) and the                   

                alkyl ethoxylated carboxylate represents about 1 to about 30 percent of the three component mixture                     

                (col. 6, lines 24-26).  Therefore, alkyl ethoxylated carboxylates would comprise from about 0.05 to 18                  

                percent of the total composition.  This range substantially overlaps the 0.1 to 20 weight percent range                 

                recited in the claim.                                                                                                   

                        The preferred sources of alkalinity disclosed by Brumbaugh, i.e mono, di, and triethanolamines,                 

                are within the group recited in claim 13.  Furthermore, Brumbaugh describes adding them in quantities                   

                of up to about 5 percent of the total composition, a range overlapping the range recited in the claim.                  











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