Appeal No. 94-3726
Application 07/978,531
The claimed subject matter on appeal is directed to a
process of preparing a storage stable dispersion of a solid
biocide comprising three steps, i.e., mixing a solid biocide
and a liquid carrier until a desired particle size for said
biocide is obtained, heating this mixture with a heat
swellable polymer to a temperature of 50 to 120EC. to provide
a hot dispersion, and cooling the hot dispersion under
continuous stirring to produce a product with the desired
viscosity.
Appellants urge that the claimed subject matter is
directed to a dispersion of a solid biocide, where the biocide
is clearly not dissolved in a solvent for otherwise the
product could not be properly termed a "dispersion" (brief,
page 4, and reply brief, page 1-5). All of the prior art
applied by the examiner does use a solvent to form a solution
of the solid biocide (see Yeager, page 3, lines 15-18, and the
abstracts of Rei '080, Rei '657, and Tirpak). The examiner
concludes that the language of the appealed claims does not
exclude the solvent of the applied prior art (final rejection,
page 2, see also the answer, page 4-5). The examiner
considers a "dispersion" to be "generic to solution" (answer,
5
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