Appeal No. 2001-2434
Application No. 08/761,467
Claim 1, directed toward the composition, is illustrative:
1. In a hard surface cleaning composition which com-
prises one or more anionic, nonionic, amphoteric or
zwitterionic surfactants or combination thereof the
improvement comprising from about 1 to about 50% by
weight of alkyl oligoglucosides corresponding to
formula (I):
R1O-[G]P (I)
wherein R1 is an at least partly branched alkyl radical
having from about 9 to about 11 carbon atoms, G is a
glucose unit and p is a number from 1.4 to 2.0, and
wherein the alkyl oligoglucosides are derived from C9_11
oxoalcohols obtained from terminal linear olefins.
THE REFERENCE
Wolf et al. (Wolf) 5,585,472 Dec. 17, 1996
(§ 102(e) date Feb. 1, 1995)
THE REJECTION
Claims 1-4 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Wolf.
OPINION
The appellants’ independent claims are in Jepson format.
Hence, the preamble of each of these claims is impliedly admitted
prior art. See Rowe v. Dror, 112 F.3d 473, 479, 42 USPQ2d 1550,
1553 (Fed. Cir. 1997). Accordingly, it reasonably appears that
it was known in the art to include one or more anionic, nonionic,
2
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