Ex Parte ROSELLE et al - Page 12




          Appeal No. 2003-0234                                                        
          Application No. 09/446,202                                                  


          have fairly suggested, to one of ordinary skill in the art,                 
          dilution by a large amount such that the concentrate is used in             
          an amount such as about 0.1 to about 5% by weight of the dilute             
          aqueous treatment composition.  The components are all                      
          toxicologically acceptable, food grade components (col. 3,                  
          lines 28-30; col. 6, lines 56-61).  Thus, Murch ‘678 would have             
          fairly suggested, to one of ordinary skill in the art, the                  
          compositions claimed in the appellants’ claims 12 and 19.                   
               Claims 13 and 14: The composition can include about 0.1 wt%            
          to about 15 wt% of C8 to C18 fatty acid soap (col. 2, line 60;              
          col. 7, lines 14-41), and a sequestrant which can be sodium                 
          and/or potassium ethylenediaminetetraacetate5 and can be present            
          in an amount of about 0.2 to about 4 wt% (col. 3, lines 44-49;              
          col. 8, lines 56-60).  The exemplified viscosity is as low                  
          as 2 cp (col. 9, lines 23-25).  The buffer can be potassium                 
          carbonate or sodium bicarbonate to provide a pH of preferably not           
          greater than about 12.5 (col. 9, lines 1-18 and 34-37).                     
               Claims 15-17 and 21: One of ordinary skill in the art would            
          have desired to use impure water in the Murch ‘678 composition              



               5 The appellants’ sequestrants include sodium and/or potassium         
          ethylenediaminetetraacetate (specification, page 8).                        
                                       Page 12                                        





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