Appeal No. 2003-0234
Application No. 09/446,202
because of its lower cost compared to disinfected water.6 The
teaching that the composition kills microorganisms (col. 10,
line 61 - col. 11, line 32) would have indicated to one of
ordinary skill in the art that water containing microorganisms
which would be killed by the components added thereto would be
suitable for use in the composition.
Claim 18: The composition can contain an antioxidant
(col. 9, line 50 - col. 10, line 8). The antioxidants which
Murch ‘678 considers to be advantageous, i.e, tocopherols such as
vitamin E or tocopherol acetates in alkaline formulations
(col. 9, lines 61-63), are the same as those which the appellants
consider to be advantageous (specification, page 9). Hence, it
reasonably appears that one of ordinary skill in the art, when
determining the optimum amount of the Murch ‘678 antioxidant to
use, would arrive at amounts including those recited in the
appellants’ claim 18, i.e., about 0.001 to about 0.05 wt%.
Claim 20: The teaching that a low sudsing liquid solution is
desirable for cleaning fruits and vegetables so that removal of
the solution is achieved quickly and easily (col. 1, lines 41-51)
would have fairly suggested, to one of ordinary skill in the art,
6 The appellants define “impure water” as “water that is impure by
reason of microorganisms being present” (specification, page 8, last two
lines).
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