Ex Parte YAMASHITA et al - Page 5



         Appeal No.2001-1865                                                        
         Application 09/068,476                                                     

         indicated by the examiner as containing allowable subject                  
         matter.  Claim 4 is in Group II.  Claim 40 is in Group IV.                 

                                      OPINION                                       
              For the reasons stated by the examiner in the answer and              
         for the reasons set forth below, we will sustain the                       
         aforementioned rejection before us.                                        
              Appellants' comments are directed mainly to three                     
         arguments.  First, appellants argue that Yamashita fails to                
         disclose or suggest using 25% or more of a crystalline alkali              
         metal silicate.  Second, appellants argue that Yamashita fails             
         to disclose a method directed to producing ionic alkali metal              
         silicate granules. (brief, pages 15 through 18, reply brief,               
         pages 1 through 3).  Third, appellants argue that the                      
         combination of Yamashita in view of Rieck fails to provide                 
         motivation to produce the crystalline alkali metal silicate                
         granules of Groups I and II and the ionic detergent of Groups              
         III and IV. (brief, pages 20 through 21).                                  
              With respect to argument 2, we find that none of the claims           
         recite an ionic detergent.  On page 16 of the brief, appellants            
         seem to suggest that Yamashita produces non-ionic detergent                
         granules because Yamashita fails to disclose the utilization of            
         crystalline alkaline metal silicates in an amount of 25% by                
         weight or more.  However, appellants have not shown where the              
         specification indicates that such an amount of crystalline                 
         alkali metal silicates (an amount of 25% by weight or more) is             
         necessary for making ionic alkali metal silicate granules.                 
         Moreover, for the reasons discussed below, we find that                    


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