Ex Parte Weuthen et al - Page 5



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

          the merit in appellants' argument that "[w]hile the phrase 'home            
          laundry' does appear in the Abstract submitted by the Examiner,             
          it is unclear as to what is meant by this phrase" (page 3 of                
          Brief, paragraph three).  Manifestly, the abstract teaches that             
          the composition can be used to clean laundry.  Furthermore, by              
          disclosing that the surfactant/water composition can be used as a           
          rinse agent in a dishwasher, as well as in commercial laundries,            
          Schmid provides evidence that the rinse aid composition of Pruehs           
          can also serve as a laundry detergent.                                      
               Appellants also maintain that "[n]owhere within the four               
          corners of the Schmid reference is the combination of hydroxy               
          mixed ethers with an aqueous laundry detergent disclosed" (id.).            
          However, claim 11 on appeal does not require such a combination             
          of ethers with laundry detergent but, as explained above, defines           
          an aqueous laundry detergent as comprising a hydroxy mixed ether            
          and water.                                                                  
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is affirmed.                         





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