Appeal No. 94-3726
Application 07/978,531
specifically claims the cooling step parameters for the first
embodiment to prepare a storage stable dispersion (see
O'Connor, claim 1, step (c)). It would have been obvious to
the artisan that the same cooling step as recited in
O'Connor's first embodiment in step (c) of claim 1 could
reasonably be employed to fulfill the language "to form a
stable dispersion upon cooling" in claim 7. As previously
discussed, appellants' claimed limitation of cooling while
"continuously stirring" would have been within the ordinary
skill in the art since it was well known that stirring
facilitates the cooling process.
The dependent claim limitations recited in appealed
claims 2 through 10 are all disclosed in claims 7 through 12
and 14 of O'Connor except for the use of a high speed mixer at
a certain rpm range as set forth in claim 9. However, the use
of a specific mixer and mixing speed to produce the desired
mixing would have been well within the ordinary skill in the
art, especially since the desired mixing of step (a) in claim
1 and the desired mixing of claim 7 in O'Connor produces the
same result, i.e., a preliminary dispersion of a solid biocide
in a carrier or plasticizer.
19
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: November 3, 2007