Ex parte CARLSON et al. - Page 6




          Appeal No. 2000-0057                                                        
          Application 08/748,053                                                      


          temperature.  Sulfamic acid has a melting point of                          
          approximately 250ºC and, therefore, is a solid at temperatures              
          below about 40ºC.   The examiner does not address whether the1                                                          
          sulfonic acid in the appellants’ claim 18 is a normally liquid              
          acid.  If not, then it appears that the appellants’ claims 1,               
          39 and 40 do not encompass the composition in this example.                 
               Because the examiner has not established that Bull                     
          discloses or would have fairly suggested, to one of ordinary                
          skill in the art, a composition containing a normally liquid                
          acid, as that term is used by the appellants, the examiner has              
          not established a prima facie case of obviousness of the                    
          compositions recited in the appellants’ claims 1, 39 and 40.2               
               As for the appellants’ claim 41, the examiner argues that              
          because Bull discloses the phosphoric acid, citric acid and                 
          sulfamic acid recited in this claim, Bull inherently discloses              
          the claimed composition (office action mailed September 2,                  
          1998, paper no. 17, pages 7-8).  The appellants’ claim 41,                  



               1See Hackh’s Chemical Dictionary 645 (Julius Grant ed., McGraw-Hill, 4  ed. 1969).th                   
               In the rejection of dependent claims 12, 14 and 49, the examiner does not rely upon Brown-2                                                                     
          Skrobot for a disclosure which remedies the above-discussed deficiency in Bull.
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