Appeal No. 2001-2434
Application No. 08/761,467
Third, the appellants’ comparison includes only one alkyl
oligoglucoside concentration (7 wt%), and does not include alkyl
oligoglucoside concentrations ranging from about 1 to about
50 wt%. However, it reasonably appears that if the alkyl
oligoglucoside concentration were increased above the 7 wt% used
in the appellants’ tests, the improvement in cleaning power
reflectance of the appellants’ alkyl oligoglucoside over the
comparative alkyl oligoglucosides would, if anything, increase.
Also, the examiner has not provided evidence which shows that any
particular alkyl oligoglucoside concentration, such as a
concentration below 7 wt%, would have been prima facie obvious to
one of ordinary skill in the art, or that a substantial
improvement in cleaning power reflectance such as that shown by
the appellants would not be obtained if the alkyl oligoglucoside
concentration were below 7 wt%.
For the above reasons the record indicates that the
appellants’ data are sufficient for overcoming the prima facie
case of obviousness of the claimed invention over Wolf.
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