Ex parte MATTOX - Page 1




                                  THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                
                         The opinion in support of the decision being entered                                                                 
                         today (1) was not written for publication in a law                                                                   
                         journal and (2) is not binding precedent of the Board.                                                               
                                                                                                        Paper No. 22                          


                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                         ________________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                         ________________                                                                     
                                                   Ex parte JOHN R. MATTOX                                                                    
                                                         ________________                                                                     
                                                        Appeal No. 94-4487                                                                    
                                                Application No. 08/006,0211                                                                   
                                                         ________________                                                                     
                                                                ON BRIEF                                                                      
                                                         ________________                                                                     

                Before KIMLIN, WEIFFENBACH and WALTZ, Administrative Patent                                                                   
                Judges.                                                                                                                       
                KIMLIN, Administrative Patent Judge.                                                                                          


                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the final rejection of claims 1-16,                                                           
                all the claims in the present application.  Claim 1 is                                                                        
                illustrative:                                                                                                                 
                1.       A method of preparing a stable, dilute solution of active                                                            
                ingredient consisting of 5-chloro-2-methyl-3-isothiazolone and,                                                               
                optionally, one or more additional 3-isothiazolone compounds, the                                                             

                         1Application for patent filed January 15, 1993.                                                                      
                                                                    -1-                                                                       




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