Appeal No. 95-4791
Application 08/034,849
in interpreting appellant’s claims or clearly erred in finding
identity between the stabilized hypochlorite solutions Sanosa
and The Merck Index describe and the stabilized chlorite
solutions employed in the processes appellant claims (Ans.,
pp. 7-8, bridging para.). Appellant’s specification expressly
states (Spec., p. 5,
l. 27-34):
The chlorite matrix, designated as WF10 in the
following experiments, was produced in accordance with
Example 1 of [Kuhne,] U.S. 4,507,285[, patented March 26,
1985,] which is hereby incorporated by reference by
the oxidation of a chlorite solution with hypochlorite,
reaction with perborate or percarbonate and dilution
with an isotonic solution of sodium chloride or an
appropriate nutrient medium to the concentrations
given in the following examples.
The examiner correctly finds that the “solution recited
in claims 5-6 and 12-13 (set forth in U.S. . . . 4,507,285
incorporated by reference at page 5 of the instant
specification), is taught as useful for sterilization,
disinfection and therapy of viral infections (Patent (285),
column 3, lines 35-55)” (Ans., p. 8). Appellant’s4
4 Column 3, lines 35-49, of U.S. 4,507,285 read:
The activated oxygen stabilized according to
the invention, which is contained in a matrix of
chlorite ions, can be used in various fields, for
example, in medicine and in veterinary medicine,
5
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