Appeal No. 94-3726
Application 07/978,531
and resins are all disclosed by O'Connor (column 2, line 35 -
column 4, line 63, compare with the limitations of dependent
claims 2-10).
Similarly, Anderson discloses the same process as
O'Connor but, as discussed above, teaches starting with a wet
biocide which necessitates removal of the water in step (a).
See Anderson, column 2, line 4 - column 4, line 56, and
Example 1. As also discussed above, the term "comprises" in
appealed claim 1
renders the scope of the claim inclusive of such components as
water and the step of water removal. See in re Baxter, supra.
The only limitation of appealed claim 1 that is not
disclosed or taught by O'Connor or Anderson is the "continuous
stirring' that is recited in step (c) while the hot dispersion
is being cooled. However, we take notice that stirring to4
facilitate cooling was well known and would have been well
within the ordinary skill in the art. See In re Sovish, 769
F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985) (Skill is
4 Anderson does teach the effect of stirring at ambient
temperature but does not teach stirring during cooling (see
Example 7 in column 7).
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