Appeal No. 2005-0360
Application No. 09/896,853
or auxiliaries, the specification fails to teach that the
composition must contain anything other than a hydroxy mixed
ether and water to qualify as a laundry detergent. Also,
appellants have failed to present the requisite objective
evidence, let alone an argument, that a laundry detergent
composition necessarily contains something other than a hydroxy
mixed ether and water.
Consequently, inasmuch as appellants fail to dispute the
examiner's factual determination that Pruehs describes a
composition comprising a hydroxy mixed ether and water in an
amount within the claimed range, it logically follows that Pruehs
describes the claimed aqueous laundry detergent composition
within the meaning of § 102. This is so notwithstanding the fact
that Pruehs uses the composition as a rinse aid for dishwashing
machines. Also, appellants make no argument that the composition
of Pruehs cannot function as a laundry detergent.
As for the § 102 rejection over Schmid, the reference
expressly teaches that the disclosed composition comprising a
hydroxy mixed ether and water can be used for commercial
laundries (page 5 of English translation, last sentence; and
abstract supplied by the examiner). We do not understand or see
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