Appeal No. 94-3726
Application 07/978,531
of between 2,000 and 30,000 centipoise (column 2, lines 4-21).
The biocide/carrier/polymer mixture is prepared by mixing a
carrier with a biocide, mixing at high speed until “smooth” to
form a preliminary dispersion, and then combining this
preliminary dispersion with heat swellable polymer and more
carrier (see Example 1 in column 5).
Anderson discloses that the original biocide starting
material is in the form of a wet filter cake and thus this
water must be removed (see Example 1 in column 5; compare with
Example 1 in column 5 of O’Connor). As a matter of claim
interpretation, the introductory “comprises” in line 2 of
appealed claim 1 opens the claim to the inclusion of other
materials and steps, such as the inclusion of water and its
subsequent removal. See In re Baxter, 656 F.2d 679, 686, 210
USPQ 795, 802 (CCPPA 1981); cf. Ex parte Hoffman, 12 USPQ2d
1061, 1063-64 (Bd. Pat. App. & Int. 1989).
The biocide/carrier/heat swollen polymer storage stable
dispersion of O’Connor reasonably appears to be a product
identical to that produced by the process of appealed claim 1.
Similarly, the biocide/carrier/heat swollen polymer storage
14
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007