Appeal No. 2005-1827
Application No. 10/227,761
The Examiner has found that both Siegler and Lesko disclose compositions
comprising acrylic syntans which are suitable for the treatment of leather.
(Answer, p. 5). Lesko discloses aqueous leather treating compositions
comprising acrylic syntans. The acrylic syntans fall within the scope of the
formula presented in claim 76. Lesko discloses that the compositions are
suitable for retanning leather.
Appellants argue that Lesko is directed to tanning methods and
compositions and not treating compositions adapted for treating shoes. (Brief,
p. 21).
We do not find Appellants’ arguments persuasive. Here again, Appellants
argue that the phrase "‘decrease in wash related damage'" acts to limit and
distinguish the claimed invention. It is not disputed that the acrylic syntans
disclosed by Lesko fall within the scope of the claimed invention. The
specification, page 55, discloses that the treatment compositions containing
conditioning agents (including acrylic syntans) can independently occur prior to
washing the shoes. The specification, page 56, further discloses “[o]ne of the
main advantages of the acrylic syntans is that, they both soften and retan the
leather.” Lesko discloses aqueous compositions suitable for retanning leather.
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