Ex Parte Grainger et al - Page 2




                Appeal No. 2003-0402                                                                                                       
                Application No. 09/569,924                                                                                                 


                                                          CITED PRIOR ART                                                                  
                        As evidence of unpatentability, the Examiner relies on the following reference:                                    
                Frankenbach et al.  (WO ‘594)                  WO 96/37594                        Nov. 28, 1996                            
                        The Examiner has rejected claims 1 to 12 as unpatentable under 35 U.S.C. § 103(a) as                               
                obvious over WO ‘594.  (Answer, pp. 4 to 5).                                                                               
                                                            BACKGROUND                                                                     
                        Appellants’ invention relates to fabric softening compositions.  According to the                                  
                specification, page 1, the fabric softening compositions soften the fabric without adversely                               
                affecting the absorbency of the fabric.  Claim 1, which is representative of the claimed                                   
                invention, appears below:                                                                                                  
                        1.  A fabric softening composition comprising:                                                                     
                        i) at least one nonionic fabric softening agent, and                                                               
                        ii) at least one anionic surfactant, and                                                                           
                        iii) 0.05 to 4.5% by weight cationic polymer,                                                                      
                        wherein particles formed from i), ii) and iii) have a net negative charge and the                                  
                        composition comprises no more than 1% by weight non-polymeric cationic                                             
                        surfactant and/or cationic fabric softening compounds.                                                             
                                                              DISCUSSION                                                                   
                        We have carefully reviewed the claims, specification and applied prior art, including                              
                all of the arguments advanced by both the Examiner and Appellants in support of their                                      
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