Ex parte TANIGUCHI et al. - Page 6




                 Appeal No. 1997-3787                                                                                                                   
                 Application No. 08/275,241                                                                                                             


                 wherein R  represents an alkyl group having 1 to 3                                                                                     
                                            4                                                                                                           
                 carbon          atoms, R  represents an alkyl group having at                                                                          
                                                            5                                                                                           
                 least two            hydroxyl groups, and R  represents an                                                                             
                                                                                              6                                                         
                 alkyl group having 1         to 4 carbon atoms, and balance of                                                                         
                 water, the pH of the             composition being 9 to 12.5.                                                                          
                          The sole prior art reference  relied upon by the examiner1                                                                           
                 is:                                                                                                                                    
                 Haijima et al. (Haijima)                                       5,328,812                                    Jul.                       
                 12, 1994                                                                                                                               
                          Claims 1 through 9 stand rejected under 35 U.S.C. §                                                                           
                 102(a) or (e) as anticipated by the disclosure of Haijima.                                                                             
                 Claims 1 through 9 also stand rejected under 35 U.S.C. § 103                                                                           
                 as unpatentable over the disclosure of Haijima.                                                                                        
                          We have carefully reviewed the claims, specification and                                                                      
                 the  applied prior art, including all of the arguments                                                                                 
                 advanced by both the examiner and appellants in support of                                                                             
                 their respective positions.  This review leads us to conclude                                                                          
                 that the examiner’s §§ 102 and 103 rejections are not well                                                                             
                 founded.  Accordingly, we will not sustain the examiner’s §§                                                                           
                 102 and 103 rejections for essentially those reasons set forth                                                                         

                          1The §§ 102 and 103 rejections based on U.S. Patent                                                                           
                 3,723,117 issued to Willems on March 27, 1973, or on Japanese                                                                          
                 Patent Application 62-180362 published on August 7, 1987,                                                                              
                 which were set forth in the final Office action dated June 30,                                                                         
                 1995, have been withdrawn.  See Answer, page 4.                                                                                        
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