Ex Parte EVERS et al - Page 2




                   Appeal No. 2003-0802                                                                                                    Page 2                       
                   Application No. 09/180,108                                                                                                                           


                                                                      INTRODUCTION                                                                                      
                             All the claims stand rejected over prior art.  As evidence of unpatentability, the Examiner                                                
                   relies upon the following references:                                                                                                                
                   Labeque et al. (Labeque)                               5,580,486                                      Dec.  3, 1996                                  
                   Evers et al. (Evers)                                        5,707,948                                      Jan. 13, 1998                             
                   (filed Feb.  2, 1996)                                                                                                                                
                             The specific rejections are as follows:                                                                                                    
                   1.        Claims 14, 15, 18-20, 22, and 23 stand rejected under 35 U.S.C. § 102(e) as anticipated                                                    
                             by or, in the alternative, under 35 U.S.C. § 103(a) as obvious over Evers.                                                                 
                   2.        Claims 16 and 17 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                                                        
                             Evers in view of Labeque.                                                                                                                  
                             Appellants state that claims 16 and 17 as well as claims 22 and 23 should be considered                                                    
                   separately from claims 14, 15 and 18-20 (Brief, p. 2).  As claims 16 and 17 are the subject of a                                                     
                   separate rejection, we will consider those claims separately.  We will not consider claims 22 and                                                    
                   23 separately as no separate arguments in accordance with 37 CFR § 1.192(c)(8)(2000) are                                                             
                   contained in the Brief.  Claims 22 and 23 will, therefore, stand or fall with claim 14, the claim                                                    
                   we select to represent the issues on appeal.  37 CFR § 1.192(c)(7)(2000).  In consideration of the                                                   
                   second rejection, we select claim 16 to represent the issues on appeal.                                                                              
                             Claims 14 and 16 read as follows:                                                                                                          
                             14. A hard surface cleaning composition comprising                                                                                         








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