Appeal No. 94-4487
Application No. 08/006,021
obvious to select a water soluble, non-chelated ferric salt as a
stabilizer for a dilute solution of CMI, as presently claimed.
Also, as noted by the examiner, Miller II exemplifies the
stabilization of a dilute non-aqueous solution.
Petigara also discloses the employment of ferric nitrate to
stabilize dilute solutions of 3-isothiazolones. See column 3,
line 6, for the disclosure of ferric nitrate and lines 22-27 for
the teaching that the amount of metal nitrate needed to stabilize
the solution is partly dependent on the concentration of the
isothiazolone. Also, as pointed out by the examiner, dilute
solutions of the 3-isothiazolone are taught in the sentence
bridging columns 4 and 5.
As for separately argued claim 5, although appellant states
at page 7 of the Brief that "ferric chloride is so surprising as
a stabilizer," claim 5 encompasses the use of ferric nitrate
which is specifically disclosed in the cited references.
Regarding separately argued claim 6, we agree with the examiner
that it would have been obvious for one of ordinary skill in the
art to prepare the dilute solutions from commercially available
concentrates containing magnesium salts (see Miller II at column
3, line 19 and Law at column 5, line 63 for the disclosure of
magnesium salts).
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