Appeal No. 1997-2308
Application 08/504,266
not provided a showing that the results obtained using the
biocides recited in appellants’ claims would have been
unexpected by one of ordinary skill in the art.
DECISION
The rejection of claims 3, 4, 6, 7, 9, 13-16, 20-24, 26-
28, 30 and 33-35 under 35 U.S.C. § 103 over Vieira in view of
appellants’ admissions in the specification is affirmed.
Under the provisions of 37 CFR § 1.196(b), a new ground of
rejection of claims 25, 29, 31 and 32 has been entered.
In addition to affirming the examiner’s rejection of one
or more claims, this decision contains a new ground of
rejection pursuant to 37 CFR § 1.196(b)(amended effective Dec.
1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197
(Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63,
122 (Oct. 21, 1997)). 37 CFR § 1.196(b) provides that “[a]
new ground of rejection shall not be considered final for
purposes of judicial review.”
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellants may file a single request for
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