Ex parte CARLSON et al. - Page 7




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


          however, requires that the composition contains an effective                
          amount of water for solidification and that the composition is              
          solidified into solid block form.  Bull discloses that the                  
          solid product may be enclosed in a tub or capsule, or may be                
          pelletized by well known methods (col. 6, lines 21-23), and                 
          discloses using aqueous solutions of phosphoric acid and                    
          iodine to make the composition (col. 7, lines 45-47; examples               
          1-21).  The examiner, however, has not explained how Bull                   
          would have fairly suggested, to one of ordinary skill in the                
          art, using an amount of water which is effective for                        
          solidification, and solidifying the composition into solid                  
          block form.  Also, the appellants’ claim 41 requires that the               
          composition contains a soil suspending amount of a surfactant               
          composition.  Bull’s surfactant is a complexing agent for the               
          iodine and is used in an amount determined by the amount of                 
          iodine desired to be released (col. 3, lines 54-57; col. 4,                 
          lines 57-64).  The examiner has not established either that                 
          Bull’s iodine-surfactant complex is effective for suspending                
          soil or that Bull would have fairly suggested, to one of                    
          ordinary skill in the art, using a soil-suspending amount of                
          surfactant in excess of that required to complex the iodine.                
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