Appeal No. 95-3977
Application 08/004,075
picking, choosing, and combining various disclosures not directly
related to each other by the teachings of the cited reference.
See In re Arkley, 455 F.2d 586, 587, 172 USPQ 524, 526 (CCPA
1972).
Beilfuss discloses the use of perglutaric acid (a C peroxy-
5
carboxylic acid) and teaches that the composition can also
contain peracetic (C ), perpropionic (C ), persuccinic (C ),2 3 4
peradipic (C ), and permaleic (unsaturated C ) acids (column 4,6 4
lines 44-52). One skilled in the art would have had to select
the peradipic acid in combination with one of the C -C peroxy
2 4
acids to achieve the composition of the appealed claims,
notwithstanding that even more additives are disclosed with the
peroxy acids (i.e., monoperoxysulfuric acid and potassium
peroxymonosulfate, see Beilfuss, column 4, lines 46-47).
Beilfuss contains no disclosure teaching this combination of
peroxy acids with reasonable specificity and therefore a
rejection under section 102 is improper. See Arkley, supra.
For the foregoing reasons, the rejection under 35 U.S.C.
§ 102(b) is reversed.
C. The Rejections under 35 U.S.C. § 103
The primary reference in every section 103 rejection in this
application is Beilfuss, which has been discussed above.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007