Ex Parte PATEL - Page 5




          Appeal No. 1999-0823                                                        
          Application No. 08/728,337                                                  


          wax coating.  Indeed, as noted above, the specification, at                 
          page 11, indicates that appellant contemplates the use of waxy              
          materials as a coating on incompatible components of the                    
          detergent composition, such as diacyl peroxide.  Moreover, we               
          agree with the examiner that appellant has not demonstrated on              
          this record that the inclusion of a wax coating on the claimed              
          diacyl peroxide would materially affect the basic nature of the             
          claimed composition as a liquid, alkaline detergent.  While                 
          appellant asserts that compositions comprising a waxy coating               
          "would not have a negligible amount of streaking and spotting on            
          the washed tableware" (page 6 of Brief, second paragraph),                  
          appellant's specification provides no nexus between wax-free                
          components and the asserted "spotlessness advantages such as                
          enhanced glass care (i.e. reduction of cloudiness and iridescence           
          negatives)" (page 3 of specification, lines 3-4).  Also, we agree           
          with the examiner's analysis that appellant's specification                 
          provides no definition of the asserted "spotlessness advantages"            
          and "provides no Examples which show the degree of spotting                 
          obtained with the claimed compositions" (page 7 of Answer, second           
          paragraph).  Consequently, appellant has offered no factual basis           
          for comparing the "spotlessness advantages" with the                        
          standardized, objective results for spotlessness reported by                


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