Ex parte THOMAS R. OAKES, et al. - Page 5




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


          disclosure is non-enabling.  Appellants present numerous                    
          statements and examples regarding the effective contact time to             
          disinfect or sanitize (see the specification, page 5, lines 10-             
          14, page 6, lines 19-23, page 16, lines 1-2, page 18, lines 11-14           
          and 19-20, page 19, lines 18-23, and the Examples on page 20 et             
          seq.).  The Oxford affidavit dated Aug. 20, 1993 (Paper No. 7)              
          was made of record to show that guidelines exist to determine               
          what times must be used to sanitize or disinfect.  It is clear              
          from the prior art that such times are well known (see Baldry,              
          page 3).  The examiner has not produced any reasons why undue               
          experimentation would be necessary to practice the invention as             
          claimed.  See In re Wands, 858 F.2d 731, 735, 8 USPQ2d 1400, 1404           
          (Fed. Cir. 1988).                                                           
               For the foregoing reasons, the rejection under 35 U.S.C.               
           112, first paragraph, is reversed.                                        
               B.  The Rejection under 35 U.S.C.  102(b)                             
               The aqueous composition of claim 27 consists essentially of            
          at least about 10 parts per million (ppm) of a C -C                         
                                                          1  4                        
          peroxycarboxylic acid and at least about 1 ppm of an aliphatic              
          C -C  peroxycarboxylic acid, at a pH of about 2 to 8.                       
           6 18                                                                       
               Beilfuss discloses an aqueous disinfectant composition                 
          containing an aromatic peroxycarboxylic acid and perglutaric acid           

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