Ex Parte Blyth et al - Page 5



                Appeal 2007-0176                                                                               
                Application 11/050,553                                                                         

                detergent compound and fabric treatment composition.  As noted by the                          
                Examiner, Appellants attach no criticality to adding the cationic polymeric                    
                fabric-softening boosting component to the mixture of clay and silicone.                       
                Indeed, the Summary of Appellants’ invention set forth in the Specification                    
                describes the charged polymeric fabric-softening boosting component as an                      
                optional component.  While the Specification, at page 17, discloses that the                   
                boosting component is preferably contacted to the clay and silicone for                        
                improving the fabric-softening benefit performance of the auxiliary                            
                composition, the Specification fails to report any evidence of unexpected                      
                results.  In any event, it is our view that WO ‘927 fairly teaches an integral                 
                admixture of fabric treatment composition and detergent composition                            
                comprising guar gum and other additives.                                                       
                      Regarding separately argued claims 15, 16, 24, and 25, which claims                      
                recite various properties of the guar gum, such as charge density and                          
                molecular weight, Appellants do not refute the Examiner’s reasoning that                       
                commercially available guar gum would fall within the broad ranges for the                     
                properties recited in the claims.  Rather, Appellants make the same argument                   
                that the reference does not teach such guar gum in the auxiliary composition.                  
                Appellants make no argument that the commercially available guar gum                           
                used in the detergent composition of WO ‘927 does not possess the charge                       
                density, weight average molecular weight, and average degree of cationic                       
                substitution that fall within the claimed ranges.  Also, the preferences                       


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