Ex Parte STEWART et al - Page 2

          Appeal No. 2000-0022                                                        
          Application No. 08/888,173                                                  

                    13.  A composition for inhibiting barium scale                    
               formation in water comprising an aqueous solution having a             
               phosphonate dissolved therein in a quantity effective to               
               inhibit barium scale formation, said phosphonate having the            
               formula:                                                               



               wherein Z= -CHR1PO3R2                                                  
               R = H, CH3, C2H5 or M                                                  
               R1 = H, CH3, CR3, C6H5, SO3H2                                          
               M = alkali metal or ammonium ion                                       
               n is a number in the range 2 to 4,                                     
               m is a number in the range 2 to 4,                                     
               a is a number in the range 2 to 6,                                     
               b is a number in the range 2 to 10,                                    
               x is a number in the range 0 to 6, and                                 
               y is a number in the range 1 to 6                                      
               provided that at least one of n, b or m is greater than 2.             
                    18.  A composition according to claim 15 wherein n is             
               3, m is 3, b is 2, x is zero and y is 1.                               
                    19.  The composition of claim 13, wherein a is a                  
               number in the range 2 to 4 and b is a number in the range 2            
               to 4.                                                                  
               The reference relied upon the examiner as evidence of                  
          unpatentably is:                                                            
          Kautsky                 3,738,937           June 12, 1973                  

               Claims 13-19 stand rejected under 35 U.S.C. § 103 as being             
          unpatentable over Kautsky.                                                  






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