Appeal No. 95-1528
Application 07/952,684
holds that the term “disinfectant” encompasses vaccine droplets,
the examiner should consider whether Frankel itself describes the
method appellants claim.
B. Calcaterra et al. (Calcaterra), U.S. 4,717,544,
patented January 5, 1988 (of record), teaches that “gas phase
disinfectants are known, including sulfur dioxide, glyoxal,
iodine, chlorine, malondialdehyde, glutaraldehyde, methylene
chloride, formaldehyde, and ammonia” (Calcaterra, col. 1,
l. 30-33). Therefore, the examiner should consider whether the
combined teachings of Sheldon and Kaitz, U.S. 2,993,832, patented
July 25, 1961 (of record), would have led persons having ordinary
skill in the art to treat incubating eggs and/or new-born chicks
with disinfectant. Kaitz, teaches (Kaitz, col. 1, l. 8-16;
emphasis added):
One of the recognized methods of combating poultry
diseases . . . involves treatment of incubating eggs
or new-born chicks with formaldehyde gas. The gas is
ordinarily generated by chemical reaction . . . in a
chamber containing incubating eggs or new-born chicks.
We note the examiner’s citation of Kaitz and his references
to Kaitz’ teaching of the use of “thermal energy along with a
disinfectant to maintain an environment conducive to the
hatchability of eggs through the effective control of poultry
diseases” in the Examiner’s Answer (Ans., pp. 5-6, bridging
para., and p. 8, first full para.). However, the examiner did
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