Interference No. 105,174 Paper 86
Henkel v. P&G Page 3
11, l. 17).2
4. Claim 31 of the ‘434 application is illustrative and reads:
A detergent tablet comprising a compressed region and a solidified
solution or melt region wherein:
a) the compressed region comprises a recess and the dissolution
rate of the compressed region is greater than the dissolution rate of the
solidified solution or melt region;
b) the solution or melt is delivered into the recess and the solidified
solution or melt region is at least partially retained within the recess and
c) the solidified solution or melt region is affixed to the compressed
region by hardening.
5. For reasons set forth in the “DECISION - PRELIMINARY MOTIONS - Bd. R.
125(a),” the Board found that the original disclosure of the involved ‘434
specification only conveyed possession of a detergent tablet having a solidified
solution or melt region occupying no more than 40% of the surface of the tablet
(“Decision,” Paper 73, pp. 18-26).
6. Similarly, the Board also found that the original disclosure of the involved ‘578
specification only conveyed possession of a detergent tablet having a solidified
2The ‘564 patent describes the
SOTAX Dissolution Test Method: The SOTAX machine consists of a tem perature
controlled waterbath with lid. 7 pots are suspended in the waterbath. 7 electric stirring
rods are suspended from the underside of the lid, in positions corresponding to the
positions of the pots in the waterbath. The lid of the waterbath also serves as a lid on the
pots.
o
The SOTAX waterbath is filled with water and the tem perature gauge set to 50 C.
Each pot is then filled with 1 liter of deionised water and the stirrer set to revolve at 250
rpm . The lid of the waterbath is closed, allowing the tem perature of the deionised water in
the pots to equilibrate with the water in the waterbath for 1 hour.
Equal weight of the com pressed and non-com pressed portion is weighed out.
The com pressed portion is placed in first pot and the non-com pressed portion is placed in
a second pot. The lid is then closed. The com pressed and non-com pressed portions are
visually monitored until they completely dissolves [sic]. The tim e is noted when the
compressed portion and the non-compressed portions have completely dissolved. The
dissolution rate of the com pressed portion or the non-compressed portion is calculated as
the average weight (g) of each portion dissolved in deionised water per minute.
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