Appeal No. 95-3977
Application 08/004,075
61. The composition of claim 27 further consisting of an
effective amount of a chelating agent for binding polyvalent
metal cations.
The references relied upon by the examiner are:
Herting et al. (Herting) 3,895,116 July 15, 1975
Wang 4,404,040 Sept. 13, 1983
Beilfuss et al. (Beilfuss) 4,917,815 Apr. 17, 1990
Lokkesmoe et al. (Lokkesmoe) 5,122,538 Jun. 16, 1992
Baldry et al. (Baldry) 233,731 Aug. 26, 1987
(European Patent Application)
Claims 46, 52-60, 65 and 66 stand rejected under 35 U.S.C.
§ 112, first paragraph, as the disclosure “is enabling only for
claims limited to disclosure of a critical time.”(answer, page
3) . Claims 27-29 and 31 stand rejected under 35 U.S.C. § 102(b)2
as anticipated by Beilfuss. Claims 27-31, 33, and 38-42 stand
rejected under 35 U.S.C. § 103 as unpatentable over Beilfuss in
view of Baldry and Herting. Claims 46-60 stand rejected under 35
U.S.C. § 103 as unpatentable over Beilfuss in view of Baldry,
Herting and Wang. Claims 61-66 stand rejected under 35 U.S.C.
§ 103 as unpatentable over Beilfuss in view of Wang and
Lokkesmoe. We reverse all of the stated rejections.
2Although there was some confusion regarding statements in
the Advisory Actions dated Nov. 5, 1993, and Dec. 8, 1993, it now
appears to be clear that there is no rejection under 35 U.S.C.
§ 112, second paragraph, and the final rejection of claims 46 and
52 under 35 U.S.C. § 112, fourth paragraph, has been withdrawn by
the examiner (see the Supplemental Examiner’s Answer, dated Mar.
3, 1995).
3
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