Appeal No. 2000-0057
Application 08/748,053
“aqueous” or “solution based” in the alternative when
discussing the liquid acid, e.g., “... a normally liquid
material or an aqueous acid composition ...” (page 11, lines
29-30), “... a combination of liquid or solution based acid
source and a solid acid source...” (page 12, line 30), and
“... the balance being a liquid or solution-based source of
acid ...” (page 13, lines 3-4). Thus, when we give “normally
liquid acid” its broadest reasonable interpretation in view of
the specification, see In re Zletz, 893 F.2d 319, 321, 13
USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d
1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983), we conclude
that it includes only acids which are liquid in non-diluted
form at a temperature less than about 40ºC. The appellants’
interpretation of this term is consistent with this
interpretation (brief, page 5; reply brief, page 3).
Bull discloses a solid germicidal iodine concentrate
which includes 5-50 wt% of an acidulant, about 0.5-10 wt%
iodine, about 5-25 wt% of an iodine complexing agent, which
can be a surfactant, and about 30-70 wt% of a solidifying
agent which can be urea (col. 2, line 66 - col. 3, line 2;
4
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