Ex parte THOMAS R. OAKES, et al. - Page 7




          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.                     

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