Appeal No. 94-4487
Application No. 08/006,021
concentration of said active ingredient in said solution being
about 0.5 to 5% by weight based on solution, comprising
introducing about 0.1 to 5% by weight based on said solution, of
a water soluble, non-chelated ferric salt as the stabilizer.
The examiner relies upon the following references as
evidence of obviousness:
Miller et al. (Miller I) 3,870,795 Mar. 11, 1975
Miller et al. (Miller II) 4,067,878 Jan. 10, 1978
Petigara 4,310,590 Jan. 12, 1982
Law et al. (Law) 5,160,527 Nov. 3, 1992
Appellant's claimed invention is directed to a method of
preparing a stable, dilute solution of 5-chloro-2-methyl-3-
isothiazolone (CMI) comprising adding a water soluble, non-
chelated ferric salt as the stabilizer. Appealed claims 9-16 are
directed to a composition comprising the stabilized, dilute
solution.
Appellant presents separate arguments for patentability for
claims 2-6 and 14. Accordingly, claims 7-13, 15 and 16 stand or
fall together.
Appealed claims 1-16 stand rejected under 35 U.S.C. § 112,
first paragraph. In addition, claims 1, 5, 6, 8-10, 15 and 16
stand rejected under 35 U.S.C. § 103 as being unpatentable over
Law, Miller I, Miller II and Petigara.
We have carefully reviewed the respective positions advanced
by appellant and the examiner. In so doing, we will not sustain
the examiner's rejection under 35 U.S.C. § 112, first paragraph.
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