Appeal 2006-3025 Application 10/714,110 dishes. (Specification [0035]). “[T]he value for the solubility of the soiling of the dishes is derived from the water temperature of the rinsing liquid and length of time of the rinse operation until the increase in the turbidity of the rinsing liquid has reached the value zero.” (Specification [0034]). Independent claim 12 is illustrative of the invention: 12. A method of cleaning dishes in a dishwasher in accordance with a programmed wash cycle implemented by a central control unit and comprising a rinse step where a rinse liquid is recirculated in the dishwasher and a cleaning step where a wash liquid is recirculated in the dishwasher, the method comprising: determining a solubility of soil on the dishes to be cleaned; and setting at least one operating parameter of the cleaning step based on the determined solubility. The Examiner relies on the following prior art references to show unpatentability: Bashark US 3,888,269 Jun. 10, 1975 Smith US 5,586,567 Dec. 24, 1996 Appellants appeal from the Examiner’s rejection of claims 2, 8-10, and 12-20 under 35 U.S.C § 103(a) as unpatentable over Bashark in combination with Smith.1 1 In the Final Rejection, mailed November 23, 2005, claims 12, 2, 8-10, and 13-20 were provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of copending Application No. 10/713,305, and claims 12, 16-17, and 19-20 were provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 7-8 of copending Application No. 10/713,304. These rejections were indicated as withdrawn in the Advisory Action, miled February 1, 2006. Thus, 2Page: Previous 1 2 3 4 5 6 7 Next
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