Appeal 2007-0100
Application 10761,213
obviousness of utilizing the claimed cationic direct dyes disclosed by Mockli
in the dyeing composition of Kao. On balance, we find that the evidence of
obviousness far outweighs the scant evidence of nonobviousness. Moreover,
the Declaration example is not commensurate in scope with the appealed
claims which, rather than excluding the presence of guar gum, actually
encompass compositions comprising guar gum in accordance with the
disclosure of Kao.
In conclusion, based on the foregoing, the Examiner’s decision
rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv)(2006).
AFFIRMED
hh
FINNEGAN, HENDERSON, FARABOW, GARRETT
& DUNNER, LLP
901 NEW YORK AVENUE, NW
WASHINGTON, DC 20001-4413
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