Appeal No. 2003-0777
Application No. 09/554,969
Also, contrary to appellants’ argument, it is not necessary
for a finding of obviousness that WO ‘169 teaches that higher
concentrations of electrolyte enable the use of a broader range
of solvents in formulating a clear or translucent fabric softener
composition. In our view, it is sufficient for a finding of
prima facie obviousness that WO ‘169 teaches a class of clear
liquid fabric softener compositions which fall within the scope
of the appealed claims.
Regarding separately argued claims 12 and 13, the referenced
ranges for ClogP and amount of electrolyte overlap the claimed
ranges, and the reference teaches values that fall directly
within the claimed ranges.
As a final point, we note that appellants base no argument
upon objective evidence of nonbviousness, such as unexpected
results.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
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