Appeal No. 2006-0064 Παγε 11
Application No. 09/155,740
this regard, the Reid declaration relied on in the briefs is silent as to the solutes
(preservatives) disclosed in Reznik, much less forthcoming with any opinion as to their
water activity functionality. In any event, the combined teachings of the applied prior art
reasonably suggest the use of known water activity controlling preservatives, as an
option for reasons discussed above and in the answer.
water.” In other words, solutes occupy the solvent water such that the partial pressure
of the solvent water (water activity) is reduced. This would be an expected (water
activity control) functionality for most solutes, including the solutes disclosed by Reznik.
See, e.g., the Law of Raoult at page 428 of “The Van Nostrand Chemist’s Dictionary”
Honig et al. (Ed.), 1953, copy attached to the decision.
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