Appeal No. 1996-4170
Application 08/413,657
inhibit adhesion of bacterial cells to solid surfaces and inhibiting biological fouling in the
paper machine aqueous system.
In rejecting claim 1 under 35 U.S.C. § 103, the examiner relies upon Finck for its
disclosure of using one of the polymers required by claim 1 on appeal, poly(diallyl-
dimethylammonium chloride) (poly-DADMAC), in a process where the polymer is added to
paper machine water in order to control pitch. The examiner indicates at page 4 of the
Examiner’s Answer that “The claims differ from Finck ... in adding the agents to specifically
inhibit the growth of bacteria and in recited amounts.” Shair is relied upon for its teaching
that polyquaternary compounds are known in the art as effective biocides in aqueous
systems in dosages as low as 1 ppm, based on the water in the aqueous system. The
examiner concludes that it would have been obvious to one of ordinary skill in the art at the
time of the instant invention to add poly-DADMAC to paper machine water as a biocide
since the compounds were already being added to the paper machine water in Finck for a
separate purpose in view of the teaching of Shair. The examiner urges that, since Shair
teaches polyquaternary compounds can serve as an effective biocide, poly-DADMAC will
inherently function as a biocide in Finck in addition to controlling pitch. The examiner also
urges that the amounts of the polymers required by claim 1 on appeal do not patentably
distinguish over the amounts disclosed by Finck and Shair.
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