Appeal No. 95-3640
Application 08/147,742
optionally, malic acid or lactic acid, are especially suitable
for the disinfection of heat-sensitive medical instruments,
and that an aqueous 2% citric acid solution inactivated the
hepatitis B virus, in vitro.2
The examiner acknowledges that none of the references
discloses killing rhinoviruses, but argues that one of
ordinary skill in the art would have expected antiviral
compounds or compositions to be broadly therapeutic against
all viral etiological agents and, therefore, to be effective
against rhinoviruses (answer, pages 6-7 and 15). The examiner
also argues that both polio viruses and rhinoviruses are in
the Picornavirus genus and that one of ordinary skill in the
art would have been motivated to use an antiviral disinfectant
against members of the same genus (answer, page 16). These
arguments are not well taken because they are not supported by
2In the answer (pages 8, 10, 13 and 15), the examiner
discusses an article by Hendley (J. Owen Hendley et al.,
“Evaluation of Virucidal Compounds for Inactivation of
Rhinovirus on Hands”, 14 Antimicrobial Agents and Chemotherapy
690-94, Nov. 1978) which, the examiner states, his rejection
does not require (answer, page 13). This article is not
included in the statement of the rejection and, therefore, is
not properly before us. See In re Hoch, 428 F.2d 1341, 1342
n.3, 166 USPQ 406, 407 n.3 (CCPA 1970). We therefore do not
discuss the examiner’s statements regarding this article.
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