Appeal No. 2003-0234
Application No. 09/446,202
ingredients are adjusted to provide products having the desired
viscosities (col. 9, lines 22-23). The exemplified viscosity
range begins at about 5 (col. 9, line 24). Because this is an
exemplified range, this disclosure would have fairly suggested,
to one of ordinary skill in the art, that viscosities slightly
below this range would be suitable.
Claim 12
The appellants argue that Murch ‘295 does not disclose or
suggest compositions containing orthophosphate (brief, page 5).
The appellants’ claim 12, however, does not require the presence
of orthophosphate. The claim merely requires that when
orthophosphate is present, it is present in an amount from
about 3 to about 60 wt% of phosphoric acid equivalent.
Claim 14
The appellants argue that Murch ‘295 does not disclose or
suggest compositions comprising calcium ion sequestrant which is
sodium and/or potassium tripolyphosphate and/or ethylenediamine-
tetraacetate (brief, page 5). The teaching in Murch ‘295 that
the composition can contain an organic polycarboxylic acid or
salt thereof as a sequestrant/builder (col. 8, lines 57-63) would
have led one of ordinary skill in the art to use polycarboxylic
acid salts which were known to be suitable as a sequestrant/
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