Ex Parte Moors et al - Page 2



          Appeal No. 2005-0037                                                        
          Application No. 09/790,759                                                  

          B)   an aliphatic carboxylic acid of 8 to 24 carbon atoms or a              
          mixture of said carboxylic acids                                            
          C)   a cationic surfactant or a mixture of said surfactants,                
          said components A to C accounting for 10 to 40% by weight of said           
          dispersion and said dispersion including said components A, B and           
          C in the following amount ratios relative to each other:                    
          A): 10 to 20 parts by weight                                                
          B): 25 to 80 parts by weight                                                
          C): 25 to 150 parts by weight.                                              
               The examiner relies upon the following reference as evidence           
          of obviousness:                                                             
          Trinh et al. (Trinh)          5,932,253              Aug. 3, 1999           
               Appellants' claimed invention is directed to a composition             
          comprising an aqueous dispersion of (A) an unsubstituted                    
          cyclodextrin, (B) an aliphatic carboxylic acid having 8 to 24               
          carbon atoms, and (C) a cationic surfactant.  While it was known            
          in the art to treat textiles with cyclodextrins, "[i]t is an                
          object of the present invention to provide aqueous dispersions              
          for the treatment of fiber materials, especially non-made-up                
          textile fabrics, which retain the advantages of cyclodextrin                
          formulations while producing a very soft hand" (page 1 of                   
          specification, paragraph five).  According to appellants, "[i]t             
          is also surprising that the pronounced hydrophilic properties               
          imparted to the fiber materials by cyclodextrins in [a] known               
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