Appeal No. 2001-2434
Application No. 08/761,467
This teaching would have rendered prima facie obvious to one of
ordinary skill in the art the portion of Wolf’s preferred range
which overlaps the appellants’ range of 1.4 to 2.0. See In re
Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974).
For the above reasons, we are not convinced by the
appellants’ arguments that Wolf would have failed to render the
appellants’ claimed combination of the specified alkyl
oligoglucoside and at least one conventional surfactant prima
facie obvious to one of ordinary skill in the art.
The appellants argue that the data in table 1 of their
specification (page 8) shows that the claimed invention produces
unexpectedly superior results (brief, pages 6-9; reply brief,
pages 9-12). This data show that C9-10 alkyl oligoglucosides
having a degree of polymerization of 1.43 to 1.60 give a cleaning
power reflectance of 58 to 66 percent, whereas C8-10 alkyl
oligoglucosides having a degree of polymerization of 1.38 to 1.59
give a cleaning power reflectance of 47 to 48 percent, a C9-10
alkyl oligoglucoside having a degree of polymerization of 1.32
gives a cleaning power reflectance of 49 percent, and a C8 alkyl
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