Appeal No. 2007-0294 Page 8
Application No. 11/050,224
weight ratio of greater than about 5:1. Both these surfactant compounds, with
overlapping alkyl chain lengths, are disclosed in Brockett. Brockett at 18, ll. 1-5.
The Examiner argues that Brockett exemplifies combinations of two anionic
different surfactants, but not the same combination which is recited in claim 10.
Answer 6. However, the Examiner asserts “that, where both anionics are disclosed
as suitable, the person of ordinary skill in the surfactant art could formulate
compositions as recited by appellant by working within the general teachings of
the reference.” Id.
Appellants challenge the rejection, arguing that Brockett
not only fail[s] to disclose the anionic detersive surfactants recited in
claim 10, but fail[s] to disclose the use of such anionic detersive
surfactants together in a detergent composition. The Examiner’s
assertion that where combinations of anionics are disclosed as
suitable, a person of ordinary skill in surfactant art could formulate
compositions as recited by Appellant by working within the general
teachings of the reference, is “hindsight recognition or at best . . .
obvious to try”, In re Geiger, 2 U.S.P.Q.2d 1276, 1278 (C.A.F.C.
1987).
Reply Br. 5.
We agree with the Examiner that choice of surfactants would have been
obvious to a person of ordinary skill in the art at the time the invention was made.
As stated by the Examiner, Brockett discloses the specifically claimed surfactants,
as well as mixtures of surfactants, albeit not a mixture of the two which are
instantly claimed. Answer 3. Brockett also states that “[m]any suitable detergent
active compounds [surfactants] are available and fully described in the literature.”
Brockett at 17, ll. 24-27. It is reasonable to presume from this statement, and
similar disclosure in the instant specification (7: 25 to 9: 18), that surfactants and
their cleaning properties were well known in the prior art. Consequently, it
appears that all Appellants have done is to select a combination of known
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