Ex Parte Baker et al - Page 4




                Appeal No. 2005-1827                                                                                                         
                Application No. 10/227,761                                                                                                   


                                                                OPINION                                                                      
                        REJECTIONS UNDER 35 U.S.C. § 102                                                                                     
                        Upon careful review of the respective positions advanced by Appellants                                               
                and the Examiner, we affirm the rejections as presented by the Examiner.                                                     
                        The Examiner has rejected claims 78-79 and 85 over Angell under Section                                              
                102(b).  According to the Examiner, Answer pages 3 to 5, each of the stated                                                  
                references disclose detergent compositions that comprise the specifically                                                    
                claimed benefit agent.  For example, the Examiner asserts Angell discloses a                                                 
                detergent composition which comprises disinfecting agents (i.e., benefit agent)                                              
                sodium nonanoyloxybenzenesulfonates (NOBS).  The Examiner concludes that                                                     
                Angell anticipates the claimed invention.                                                                                    
                        Appellants argue that Angell fails to teach compositions adapted for                                                 
                treating shoes.  Specifically, Appellants argue that the claim limitation                                                    
                “formulated so that any damage as a result of washing the one or more shoes                                                  
                with or in an aqueous medium with application of the treating composition is                                                 
                reduced compared to washing the one or more shoes with or in an aqueous                                                      
                medium without application of the treating composition” is not disclosed by the                                              
                reference.  (Brief, p. 8).                                                                                                   



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