Appeal No. 2002-0663 Page 6
Application No. 09/504,963
formaldehydebisulfite deodorant composition. See, e.g., Kuhns, page 4, lines
3-5. According to Kuhns, “[s]uitable disinfectants for use with alkali metal
formaldehydebisulfites include … benzethonium chloride….” Id. at lines 45-48.
While the examiner has identified that the compound “benzethonium chloride”
can be added to an alkali metal formaldehydebisulfite deodorant composition,
there is no evidence on this record that “benzethonium chloride” would be a
suitable additive to the morpholinium ethosulfate deodorant composition of
Walters, or of the claimed invention.
We are not persuaded by the examiner’s reliance on In re Kerkhoven, 626
F.2d 846, 205 USPQ 1069 (CCPA 1980). As appellant explains (Brief, page 10),
in Kerkhoven, “the compositions of the prior art and of slurries A and B of
Kerkhoven [sic] were not only useful for the same purpose, they were in fact
composed of the same ingredients.” As discussed supra, while the prior art
deodorant compositions are useful for the same purpose (as deodorants), they
are based on different formulations. There is no evidence on this record to
suggest that the prior art deodorant compositions should be combined, nor is
there any evidence suggesting that a single component (benzethonium chloride)
can be extracted from one prior art deodorant composition for addition into
another prior art deodorant composition. In this regard, we remind the examiner
that “it is impermissible within the framework of section 103 to pick and choose
from any one reference only so much of it as will support a given position to the
exclusion of other parts necessary to the full appreciation of what such reference
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