Ex parte THOMAS R. OAKES, et al. - Page 2

          Appeal No. 95-3977                                                           
          Application 08/004,075                                                       

               According to appellants, the invention is directed to an                
          aqueous antimicrobial composition and its method of use, where               
          the composition contains a microbiocidal amount of a C -C                    
                                                                 1  4                  
          peroxycarboxylic acid and an effective biocidal amount of a C -C             
                                                                        6  18          
          peroxycarboxylic acid (brief, page 2).                                       
               Appellants state that, for each of the stated rejections,               
          the claims stand or fall together (brief, page 4).  The subject              
          matter on appeal is adequately illustrated by claims 27, 46 and              
          61, reproduced below:                                                        
               27.  An aqueous peroxyacid antimicrobial composition                    
          consisting essentially of:                                                   
               (a) at least about 10 parts per million (ppm) of a C -C                 
                                                                    1  4               
          peroxycarboxylic acid; and                                                   
               (b) at least about 1 ppm of an aliphatic C -C                           
                                                          6  18                        
          peroxycarboxylic acid; wherein the aqueous composition has a pH              
          in the range of about 2 to 8.                                                

               46.  A method of sanitizing substantially fixed in-place                
          process facilities comprising the steps of:                                  
               (a) introducing into the process facilities the composition             
                                                               0       0               
          of claim 27 at a temperature in the range of about 4 C to 60 C.;             
               (b) circulating the composition through the process                     
          facilities for a time sufficient to sanitize the process                     
          facilities; and                                                              
               (c) draining the composition from the process facilities.               


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