Appeal No. 95-3977
Application 08/004,075
(an aliphatic C peroxycarboxylic acid)(see Beilfuss, column 2,
5
lines 19-49). Beilfuss teaches the addition of peracetic or
perpropionic acid to the composition to increase the stability or
achieve a reduction in the crystallization temperature (column 3,
lines 36-43). Beilfuss also teaches that the composition can
contain biocidal compounds stable to oxidation “such
as...persuccinic acid, peradipic acid, and permaleic acid”
(column 4, lines 44-48). The amounts of these additives used can
be up to about 5% by weight of the solution (column 4, lines 52-
53). The pH of the solution is acidic or neutral (column 5,
lines 15-17). None of the examples disclose the use of any
peroxycarboxylic acid additives.
Under section 102(b), anticipation requires that the prior
art reference disclose, either expressly or under the principles
of inherency, every limitation of the claim. See In re King, 801
F.2d 1324, 1326, 231 USPQ 136, 138 (Fed. Cir. 1986). For a 3
rejection under 35 U.S.C. § 102 to be proper, the reference must
clearly disclose the claimed subject matter or direct those
skilled in the art to this subject matter without any need for
3To be prior art under section 102(b), a reference must
also be enabling but this issue has not been contested here. See
In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir.
1990).
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007