Appeal No. 1999-2518
Application 08/722,213
enzyme concentration in the wash liquor is 0.00012 wt% (page 36,
lines 23-25; page 37, lines 16-19). The release of the builder
is not disclosed as being delayed. The release of the enzyme
takes place with or immediately after the release of a pH control
agent which desirably is released from 0.5 to 5 minutes,
preferably 2 to 5 minutes, after the detergent composition has
been added to the wash solution (page 7, lines 8-20; page 35,
line 25 - page 36, line 5). The release of the bleach takes
place subsequent to the release of the enzyme (page 36, lines 6-
7).
The examiner argues that the method recited in claims 11
and 19 and the composition recited in claim 20 are suggested by
Collier (answer, page 8), but provides no argument regarding
anticipation by Collier of the subject matter of these claims.
We therefore reverse the rejection under 35 U.S.C. § 102(b) of
claims 11, 19 and 20. See Scripps Clinic & Research Found. v.
Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed.
Cir. 1991).
As for the rejection under 35 U.S.C. § 103, Collier’s non-
delayed release of the water-soluble builder falls within the
scope of the appellants’ claims 11 and 20, and Collier’s range of
times for the release of the enzyme and the bleach overlap the
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