Appeal No. 94-3726
Application 07/978,531
“particles” or a “desired particle size” but will yield a
homogenous solution. See Tirpak, column 2, line 60; Rei ‘080,
column 2, lines 59-63, column 4, lines 50-53; Rei ‘657, column
2, lines 39-42, column 6, lines 34-53; and Yeager, page 4,
line 20.
Appellants define biocide dispersions as solid particles
of biocide dispersed in a liquid with the problems of settling
over time and increases in viscosity such that the dispersions
solidify during storage (specification, page 2, lines 5-18).
Appellants teach adding the solid biocide powder to a carrier
and mixing at high speed until “smooth” (see Example 1 and 2).
B. The Examiner’s Rejection
As discussed above, giving the broadest reasonable
meaning to the words of the claim in their ordinary usage as
they would be understood by the artisan, taking into account
the written description in the specification, the requirements
of step (a) in appealed claim 1 are not disclosed or suggested
by Tirpak, Rei ‘080, Rei ‘657, and Yeager.
Although not specifically addressed by the examiner,
appealed claim 11 is in product-by-process form, i.e., the
product produced by the process of claim 1. It is the
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