Appeal No. 96-3824
Application No. 08/311,635
Wingender et al. (Wingender) 5,200,301 April 6,
1993
Claims 1 through 5, 7 through 11 and 13 through 20 stand
rejected under 35 U.S.C. § 103 as being unpatentable from the
disclosure of Nakamura considered with Wingender. We reverse.
OPINION
The examiner has relied on the disclosure in Nakamura at
column 13, lines 17 and 18 for the purpose of establishing
that "hydroxylamine or its salt" may be added to an aqueous
redox amplifier composition including hydrogen peroxide or a
compound which releases hydrogen peroxide and a phosphate
buffering agent. Wingender is said to establish that it was
known to use 85% by weight diethylhydroxylamine in an amount
of 6 ml's as an antioxidant for aqueous redox amplifier
solutions as claimed. The examiner has directed our attention
to column 14, line 54 of Wingender.
The examiner has reasoned that the hydroxylamine
component of Nakamura is "found to be an adjacent homologue to
a dimethylhydroxylamine or its salt with R and R in formula1 2
(I) as claimed being the methyl groups" (see page 4 of the
Examiner's Answer). The examiner concludes that, therefore,
it would have been obvious to use dimethylhydroxylamine in
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