Appeal No. 94-3726
Application 07/978,531
stable dispersion of Anderson reasonably appears to be a
product identical to that produced by the process of claim 1
since the inclusion of water, with its subsequent removal in
the first step, would not reasonably appear to alter the
characteristics of the final product since the viscosity range
and storage stable dispersion characteristics of the Anderson
product are disclosed
as the same as appellants’ claimed product.
(3) The rejection Under 35 U.S.C. § 103
Claims 1 through 11 are rejected under 35 U.S.C. § 103
as unpatentable over O'Connor or Anderson.
As discussed above, O'Connor discloses a process for
preparing a storage stable dispersion of a solid biocide
comprising forming a biocide/carrier concentrate with high
speed mixing until smooth, heating the concentrate with a heat
swellable polymer to between 30 to 100EC., with subsequent
cooling provide a storage stable dispersion having a range of
viscosity wihtin the range of appealed claim 1. See O'Connor,
column 2, lines 10-19, and Example 2. The amounts of each
component, high speed mixing, the various biocides, carriers
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