Ex Parte PATEL - Page 6




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


          Kamel (see Kamel at EXAMPLE IV and Figure 2).  We concur with the           
          examiner's assessment that it would appear that the results for             
          Kamel's test for spots "would fall within the 'spotlessness                 
          advantages' as described in Applicant's specification, i.e.                 
          negligible to no spotting occurs with Kamel's compositions"                 
          (page 7 of Answer, last paragraph).                                         
              Regarding the examiner's 35 U.S.C. § 103 rejection over                
          Kamel in view of Van Dijk, appellant has not refuted the                    
          examiner's legal conclusion that it would have been obvious for             
          one of ordinary skill in the art to use the particular bleach               
          catalysts disclosed by Van Dijk in the detergent of Kamel.  In              
          essence, it is appellant's position that Van Dijk does not remedy           
          the argued deficiencies of Kamel.  We note that claim 1, with               
          which all the appealed claims stand or fall, does not require a             
          bleach catalyst.                                                            
               As a final point, we note that appellant bases no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results.                                                                    
               In conclusion, based on the foregoing and the reasons well-            
          stated by the examiner, the examiner's decision rejecting the               
          appealed claims is affirmed.                                                



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