Ex Parte Hage et al - Page 7

                Appeal 2007-1396                                                                             
                Application 10/375,235                                                                       
                enzyme such as lipase, which can remove, among other things, triglyceride-                   
                based stains from textiles, and peroxidases.  Id., e.g., 9:20 to 10:13, 24:22 to             
                25:10, and 26:25 to 27:2.  In Example 3, a bleaching system composition                      
                contains less than 1 part by weight of the lipase Lipolase and less than 1 part              
                by weight of catalyst.  Id. 38-39 and Table I.                                               
                      There is no dispute the claim term “lipoxygenase” includes enzymes                     
                known in the art as lipoxidases as shown in Promise Mirror as the Examiner                   
                finds.  Office Action 5; Promise Mirror 3, second table.  This reference also                
                evinces “lipoxygenase” is also known as “carotene oxidase.”  Promise                         
                Mirror 3, second table.  A further discussion of this reference is not                       
                necessary to our decision.                                                                   
                      With respect to the first ground of rejection, the Examiner finds Baeck                
                discloses compositions differing from the claimed compositions in the                        
                absence of a transition metal catalyst, wherein the lipoxidase ingredient of                 
                the compositions removes bleachable stains, including carotenoid soils, and                  
                the compositions can further include lipases and perhydrate salts.  Office                   
                Action 5.  The Examiner finds Hermant discloses a transition metal catalyst                  
                which activates hydrogen peroxide, peroxy aids and molecular oxygen, and                     
                removes stains and inhibits dye transfer.  Id. 5-6.  The Examiner concludes                  
                one of ordinary skill in this art would have used Hermant’s transition metal                 
                catalyst in Baeck’s compositions with a reasonable expectation of success                    
                because Hermant’s catalyst can activate bleach ingredients in Baeck’s                        
                compositions as well as molecular oxygen and provide stain removal and                       
                dye transfer inhibition properties, wherein the proportions of the ingredients               
                are as claimed.  Id. 5-6.  With respect to the second ground of rejection, the               
                Examiner finds Perkins discloses compositions containing a transition metal                  

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