Appeal No. 2003-0715
Application No. 09/873,806
6, lines 29-42.) We therefore determine that one of ordinary
skill in the art would have been led, prima facie, to further
treat the optimally steam-stripped beads of Ballard with a
washing sequence that includes an optimum alcohol treatment,
thus arriving at a process encompassed by appealed claim 7.
Regarding the examiner’s reasoning, the appellants’
principal argument is that Kubota is “directed to strong base
anion exchange resins (not weak acid cation exchange resins) and
disclose ‘steam sterilization’ (not antimicrobial agents) for
the anion resin” and that therefore “there is no incentive for
one of ordinary skill in the art to further treat a different
type of resin (i.e., the weak acid cation exchange resins that
are the subject of [the] [a]ppellants’ invention) with
antimicrobial agents, such as peroxides and inorganic chloride
salts...” (Appeal brief, page 8.) We disagree.
The examiner has relied on Kubota for its teaching that
alcohol may be used to sterilize ion exchange resins. Although
Kubota’s invention focuses on strong basic anion exchange
resins, it does not change the fact that alcohol is a
sterilizing agent. When applied to weak acid cation exchange
resins, one of ordinary skill in the art would have reasonably
expected that an alcohol would retain its sterilizing
properties. Moreover, it is the collective teachings of the
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007