Appeal No. 95-1779
Application 07/683,130
13, 23-24, and 26-31 stand rejected under 35 U.S.C. § 103 as
being unpatentable in view of the combined teachings of either
Christensen et al. (Christensen), U.S. 4,055,467, patented
October 25, 1977, or Hatcher et al. (Hatcher), U.S. 3,773,623,
patented November 20, 1973, and Trevan, Immobilized Enzymes,
John Wiley & Sons, New York, pp. 66-70 (1980). Claims 1 and
27 are representative of the subject matter claimed and read:
1. A method for preventing fouling of an aquatic
apparatus by an aquatic organism without contamination of
the environment, which comprises:
applying a composition containing an inert matrix
having an enzyme chemically bonded thereto, to a surface
of said apparatus, wherein said chemically bonded enzyme
is capable of hindering attachment of said organism to
said surface while applied to said surface; and
contacting at least part of said surface with an
aquatic environment which contains an aquatic organism
capable of fouling said aquatic apparatus and is one
aquatic environment selected from the group consisting
of natural fresh-water environments, estuary aquatic
environments, sea waters, cooling tower systems, fresh
water
piping systems, salt water piping systems, ponds, lakes,
harbors, dredged channels, and desalination systems,
thereby
(...continued)2
Organisms,”
which was published in 1979 in a book entitled Conference Book
of International Paint Marine Coatings, (London, 1979)(of
record), the examiner has continually rejected appellants’
claims over the abstract only. However, for purposes of this
appeal, we shall presume that the abstract is prior art under
section 102(b) and consider its teaching in light of the four
page, 1979 publication it purports to summarize.
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