Appeal 2007-1396
Application 10/375,235
catalyst that can bleach stains in a bleaching system that has a low amount of
peroxygen bleach, which differs from the claimed compositions in the
absence of a lipoxidase enzyme, the latter disclosed by Baeck. Id. 6-7. The
Examiner concludes one of ordinary skill in this art would have used
Baeck’s lipoxidase enzyme in Perkins’ compositions with a reasonable
expectation of success because the lipoxidase enzyme is taught to remove
stains, including carotenoid soils, wherein the proportions of the ingredients
are as claimed. Id. 7-8.
With respect to the first ground of rejection, Appellants contend
Baeck does not disclose, among other things, “ligands/transition metal
catalysts capable of bleaching by air mode,” and “an oxidizable precursor,
especially no disclosure of any linoleates.” Appellants contend Hermant
does disclose “air mode bleaching of stains” with transition metal catalysts,
but does not disclose, among other things, “an oxidizable precursor present,
such as a linoleic acid or salt thereof,” and “an oxidizing enzyme such as
lipoxygenase.” Br. 10-11. Appellants contend one of ordinary skill in the art
would be led away from the combination of lipoxygenases with air mode
bleaching catalysts because there would be no incentive to combine
ingredients that do the same thing. Id. 11; see also 12. Appellants further
contend the “air mode type transition metal catalysts can synergistically
interact with lipoxygenases to provide an improved result . . . in the presence
specifically of linoleic acid or salts thereof.” Id. 12. Appellants rely on
“[c]omparative experiments . . . reported at [Specification] pages 22-23,”
wherein “[o]f particular effectiveness are Experiments 1 and 1A,” and “good
results were also achieved in Experiments 4 and 4A which are combinations
of lipoxygenase and a transition metal catalyst.” Id.
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