Ex parte ADDISON et al. - Page 11




          Appeal No. 1998-0762                                                        
          Application No. 08/379,576                                                  


          [obviousness-type] double patenting over claims 1-5 and 8-23                
          of copending Application No. 08/379,577.”  See Answer, page 6.              
          This rejection is moot since Application 08/379,577 is no                   
          longer pending.                                                             
                               REMAND TO THE EXAMINER                                 
          We remand the application to the examiner to take                           
          appropriate action.  As indicated supra, Dany ‘895 does not                 
          teach the claimed anionic and nonionic surfactants recited in               
          claims 6 through 8.  However, we observe that Dany ‘895                     
          generically teaches using anionic and nonionic surfactants in               
          its laundry detergent composition.  See column 3, Table 1.                  
          Although Dany ‘895 does not specify the types of anionic and                
          nonionic surfactants employed, appellants appear to                         
          acknowledge that U.S. Patent 3,929,678 issued to Laughlin et                
          al. teaches that the claimed anionic and nonionic surfactants               
          are useful as the surfactants of laundry detergent                          
          compositions (Specification, page 10).  Upon return of this                 
          application, the examiner shall review the content of this                  
          patent and determine whether the combined teachings of this                 
          patent, Dany ‘895, Painter and Hartman would have suggested                 


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