Appeal No. 2003-0529
Application No. 09/213,045
Wixon also teaches (column 5, lines 17-23):
In the preferred embodiment, the detergent composition
is in the form of an aqueous liquid and the
composition may include at least one coloring and/or
whitening agent, especially dyes, bluing agents, and
optical brighteners and mixtures thereof, and other
optional detergent adjuvants, especially enzymes and
solid release agents.
Regarding the use of adjuvants, Wixon further discloses (column
14, lines 24-42):
Various selected compatible adjuvants may also be
present in the detergent composition to give it
additional desired properties, either of functional or
aesthetic nature. Thus, there may be included in the
formulation: enzymes, e.g. proteases, amylases,
lipases, etc., and mixtures thereof; bleaching agents;
bleach activators and stabilizers; soil-suspending or
anti-redeposition agents, e.g. polyvinyl alcohol,
sodium carboxymethyl cellulose, hydroxypropyl methyl
cellulose; soil release agents, e.g. Polymer QCJ from
Alkaril Chemical for motor oil release, etc; dyes,
bluing agents, pigments, optical brighteners, e.g.,
cotton, amide and polyester brighteners; bactericides,
e.g. hexachlorophene; preservatives, e.g. methyl
parasept or sodium benzoate; ultraviolet absorbers; pH
modifying agents, e.g. amines, pH buffers; opacifying
agents, e.g. behenic acid, polystyrene suspensions,
etc; and perfumes. The adjuvants, of course, will be
chosen to be compatible with the main constituents of
the detergent formulation.
The amount for the optical brightener, which the appellants
concede is a fluorescent dye (appeal brief, page 10), is said to
“normally be from about 0.2% to about 3.0%, and preferably from
0.25 to 2.7%” (column 15, lines 18-20); the preferred amounts
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