Appeal 2007-1396
Application 10/375,235
composition is to combine the stain removing properties on carotenoid stains
of each, even though not for Appellants’ reasons. Answer 5. The Examiner
contends the references disclose similar compositions and the combinations
would lead to a third composition, citing Kerkhoven,
626 F.2d at 850, 205 USPQ at 1072. Answer 5-6. The Examiner further
contends lipases form linoleic acid or salt thereof in an aqueous solution
with textiles stained with various fatty acids. Id. 6.
The Examiner finds that the data in the Specification with respect to
Experiments 1 and 1a “merely shows what one or ordinary skill in the art
would expect and does not show any unexpected or superior results.”
Answer 7. The Examiner finds the “data shows that when lipoxygenase,
transition metal catalyst, and an enzyme are used in a composition, greater
bleaching occurs in comparison to those compositions containing less
bleaching agent or containing no enzyme which is what one skilled in the art
would expect from the teachings of the prior art.” Id. The Examiner further
finds the showing is not commensurate in scope with the claimed invention
because the results are based on one transition metal catalyst and the claims
are open to any transition metal catalyst for bleaching, and thus, it is not
unreasonable for Appellants to show results with respect to other bleach
catalysts. Id. 6-7.
We find Specification Examples 1 and 1a are based on the same
combination of Lipolase, Lipoxygenase, and transition metal catalyst, and
Examples 4 and 4a are based on the combination of the same Lipoxygenase,
and transition metal catalyst as in Examples 1 and 1a. Specification 22-23.
We find no statement evaluating the results in the Specification.
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