Appeal No. 94-3726
Application 07/978,531
interpretation of the claim language in step (a) of claim 1.
The particles present in the claimed dispersion would have
produced a different product than the prior art solutions
which have no particles present.
In addition to the foregoing requirements of step (a) in
appealed claim 1, step (b) requires heating the
biocide/carrier concentrate and a heat swellable polymer to a
temperature of 50 to 120BC. to cause the polymer to sell and
absorb the biocide/carrier concentrate and produce a hot
dispersion. None of the references applied by the examiner
discloses or teaches this particular heating step. The
applied references teach heating the biocide and a solvent to
promote solubility but fail to teach heating any
biocide/carrier with a heat swellable polymer in the
temperature range required by appealed claim 1. See Tirpak,
column 2, lines 55-59, Example 1, Rei ‘080, column 4,
line 51, column 8, lines 59-63; Rei ‘657, column 6, lines 45-
53; and Yeager, Example I.
The examiner advances the reasoning that “since heating
is generally employed to enhance dispersability it is
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