Appeal No. 2002-1335
Application No. 09/618,870
The examiner relies upon the following references as
evidence of obviousness:
Holcombe et al. 4,033,718 Jul. 5, 1977
(Holcombe)
Hartman et al. 5,744,435 Apr. 28, 1998
(Hartman)
Appellants' claimed invention is directed to a rinse added
fabric softener composition comprising a phthalocyanine and a
quaternary ammonium compound of the recited formulae. While the
claimed phthalocyanines were known as photobleaching agents in
detergent compositions, according to appellants, "[s]urprisingly,
it has now been found that ester quat fabric softener
compositions comprising water-soluble phthalocyanine compounds of
a cationic, neutral or anionic nature bring about particularly
good bleaching effects if textiles are treated in aqueous fabric
softener bath comprising these compositions" (page 3 of principal
brief, second paragraph).
Appealed claims 1, 2, 5, 6, 8-12 and 14-16 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Hartman in view
of Holcombe.
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