Ex Parte Weuthen et al - Page 2



          Appeal No. 2005-0360                                                        
          Application No. 09/896,853                                                  

               The examiner relies upon the following references in the               
          rejections of the appealed claims:                                          
          Pruehs et al. (Pruehs)        4,898,621             Feb.  6, 1990           
          Schmid et al. (Schmid)        197 38 866 A1         Mar. 11, 1999           
          (German patent)                                                             
               As is readily apparent from illustrative claim 11,                     
          appellants' claimed invention is directed to an aqueous laundry             
          detergent composition comprising a hydroxy mixed ether and water            
          in an amount within the recited range of 25 to 75% by weight.               
          According to appellants' specification, "[h]ydroxy mixed ethers             
          (HMEs) are known nonionic surfactants with a nonsymmetrical ether           
          structure and a content of polyalkylene glycols which are                   
          obtained, for example, by subjecting olefin epoxides to a ring              
          opening reaction with fatty alcohol polyglycol ethers" (page 2,             
          paragraph four).                                                            
               Appealed claims 11-22 stand rejected under 35 U.S.C.                   
          § 102(b) as being anticipated by Pruehs.  Claims 11-23 stand                
          rejected under 35 U.S.C. § 102(b) as being anticipated by Schmid.           
               Appellants submit at page 2 of the Brief that "[t]he claims            
          stand and fall together."  Accordingly, all the appealed claims             
          stand or fall together with claim 11, and we will limit our                 


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