Ex parte THOMAS R. OAKES, et al. - Page 3




                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                                                                       





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007