Ex Parte Haas et al - Page 5


                Appeal 2007-2985                                                                             
                Application 010/669,978                                                                      
           1          Anions are advantageously present in the hydrogen peroxide solutions                   
           2    of the invention "in the usual stabilizing amounts."  Specification ¶ 0035.                  
           3                                 Claims on appeal                                                
           4          Claim 1 as reproduced in the Appeal Brief is not accurate.                             
           5          Accordingly, we turn to the claims as presented in the Amendment                       
           6    filed 13 April 2006.                                                                         
           7          Claim 1 on appeal is representative of the claimed composition.                        
           8          Claim 1 reads:                                                                         
           9                An aqueous hydrogen peroxide solution comprising:                                
          10                       i) less than 50 wppm alkali metals, alkaline earth metals                 
          11    or combinations thereof in total, irrespective whether the alkali metals or                  
          12    alkaline earth metals are present in cationic or complex form;                               
          13                       ii)  less than 50 wppm of amines having a pkB of less                     
          14    than 4.5 or the corresponding protonated compounds in total; and                             
          15                       iii) at least 100 wppm anions or compounds that can                       
          16    dissociate to form anions in total,                                                          
          17                the wppm being based on the weight of hydrogen peroxide.                         
          18                                                                                                 
          19                                        Tsao                                                     
          20          Tsao relates to a hydrogen peroxide solution said to be useful for                     
          21    disinfecting a soft lens.  Col. 1:11-12.                                                     
          22          In order to overcome perceived problems in the field, Tsao describes                   
          23    addition to hydrogen peroxide solutions of particular amines.  Col. 2:30-39.                 
          24          Tsao does not describe the method for making the hydrogen peroxide                     
          25    mentioned in the patent.  In the words of Haas:  "there is no information                    
          26    whatsoever with respect to how to make [the] hydrogen peroxide [described                    

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