Ex parte MURCH et al. - Page 10




                  Appeal No. 1998-0370                                                                                                                    
                  Application No. 08/568,410                                                                                                              
                  “wherein said composition is aqueous and contains from about 0.5% to about 15% by                                                       

                  weight of detergent surfactant.”                                                                                                        

                           The amount of surfactant contained in detergent compositions is well known to one                                              

                  of ordinary skill in the art.  Kitamura example I-11 describes a detergent composition for                                              

                  the kitchen which contains 13 percent surfactant.  (Column 11, Table I-4).  As stated above,                                            

                  Kitamura discloses that the detergent compositions contain ingredients that are harmless to                                             

                  the human body.  One of ordinary skill in the art equipped with the knowledge of Kitamura,                                              

                  21 CFR § 173.315 and the descriptions of the prior art would have been motivated to form                                                

                  detergent compositions containing from about 0.5% to about 15% by weight of surfactant                                                  

                  and employing only components which are generally regarded as safe because the                                                          

                  compositions would be used to clean fruits and                                                                                          

                  vegetables.   As stated above, the prior art discloses components used to clean fruits and                                              

                  vegetables must not harm humans.  Thus, one of ordinary skill in the art, when forming                                                  

                  Kitamura’s composition for washing fruits and vegetables, would have recognized that the                                                

                  composition should contain ingredients that were not harmful to humans.                                                                 

                  II.                                                                                                                                     








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