Appeal 2007-1888
Application 10/258,067
composition ingredients and process steps in addition to those specified.
See, e.g., Exxon Chem. Pats., Inc. v. Lubrizol Corp.,
64 F.3d 1553, 1555, 35 USPQ2d 1801, 1802 (Fed. Cir. 1995); In re Baxter,
656 F.2d 679, 686-87, 210 USPQ 795, 802-03 (CCPA 1981).
We find Nguyen would have disclosed to one of ordinary skill in this
art a stain resistant and water- and oil- repellent agent containing
composition comprising a sulphated or sulphonated surfactant for
application to textiles, wherein the composition can contain, among other
things, polymers and copolymers of methacrylic acid (Nguyen, e.g., col. 3,
l. 1, to col. 4, l. 14); partially sulphonated novolak resins (id., e.g., col. 4,
ll. 15-60); anionic or nonionic fluorochemicals (id., e.g., col. 7, l. 51, to
col. 8, l. 12); sodium metal salts of organic sulfate acids and organic sulfonic
acids (id., e.g., col. 4, l. 61, to col. 5, l. 51, and Example 2); and divalent
metal salts of organic acids, including acetates and formats (id., e.g., col. 7,
ll. 8-20). We find Nguyen would not have specified any particular method
of applying the composition to a textile, and illustrates a method of applying
the composition to a textile and optionally drying the treated textile with
heat which can cure the fluorochemicals (id., e.g., col. 2, ll. 30-44, col. 8, ll.
19-33, col. 11, ll. 17-29, col. 13, ll. 44-66, and
col. 14, ll. 19-54). We find no disclosure in Nguyen specifying the
composition must be heated prior to applying the composition it to the
textile.
We find Jones would have disclosed to one of ordinary skill in this art
a method of treating a carpet textile with a stain resistant and water- and oil-
repellent agent containing composition, wherein the method comprises at
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