Ex Parte Song et al - Page 15

                Appeal 2006-2175                                                                             
                Application 10/122,855                                                                       
                TERMAMYL®, FUNGAMYL® or BAN®) may be used as the amylase                                     
                enzyme in the composition.                                                                   
                      We have considered all of Appellants’ arguments and find them                          
                unpersuasive.  We agree with the Examiner’s ultimate conclusion that the                     
                claims are unpatentable over Panandiker.                                                     
                      Appellants arguments directed to Panandiker’s choice of                                
                TERMAMYL® as the preferred amylase enzyme and Appellants’ allegation                         
                of unexpected results are unpersuasive for the same reasons previously                       
                discussed.  See our discussion of Panandiker in the CLAIM 1 section of this                  
                opinion.  We further note that Panandiker teaches a process of mixing                        
                together the components making up the claimed amylase enzyme stabilizing                     
                composition along with other liquid detergent composition materials (see                     
                Panandiker, Example I).                                                                      
                      We affirm the Examiner’s rejection of argued claim 8 and non-argued                    
                claims 9 and 11-12 over Panandiker.                                                          

                CLAIMS 6, 10 AND 13                                                                          
                      Independent claim 13 recites the same features as claim 1, except that                 
                the “polyhydroxy compound” amount has the narrower range of “about 0.1                       
                to about 5% by weight.”  Claim 6 depends from claim 13 and further                           
                narrows the “polyhydroxy compound” amount to “about 0.1% to about 1%                         
                by weight.”                                                                                  
                      Claim 10 depends from process claim 8.  Claim 10 narrows the boric                     
                acid amount to be from “1% to 5%”; the polyhydroxy compound to from                          
                “0.1% to 7%”; and the oxygen bleach resistant α-amylase enzyme to be from                    
                “0.1% to 2%” in the enzyme stabilizing composition of claim 8.                               

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