Ex parte LEHTONEN - Page 7




              Appeal No. 1996-3318                                                                                         
              Application No. 08/287,056                                                                                   


              reactants and the nature of the liquids treated. The biocide generated by Orndorff is an                     
              oxidized phenolic compound, e.g.,                                                                            
                                                  hydrogen peroxidase                                                      
                                H O  + quinone2  2                         6   2 H O + hydroquinone,     2                                                    
              whereas the biocide generated by Alfa-Laval is hydrogen peroxide, i.e.,                                      
                                                   glucose oxidase                                                         
                                    glucose + O  2          6   gluconic acid + H O                  2  2 .                                   
              The phenolic compound which is oxidized to provide the biocide of Orndorff is                                
              endogenous to the liquid being treated, i.e., to industrial process waters.  The examiner                    
              has not established that milk contains such phenolic compounds and admits that "the                          
              liquids of industrial process streams are not distinctly disclosed" by Alfa-Laval (answer,                   
              page 5).                                                                                                     
                     The examiner does not point out, and we do not find, where Hitzman and/or Baker                       
              supply the missing suggestion or motivation.  Hitzman removes ambient oxygen in liquids                      
              susceptible to corrosion and oxidative degradation, e.g., oil field fluids, circulating water                
              systems, alcoholic beverages and foodstuffs, with an alcohol/alcohol oxidase system.                         
              Baker removes oxygen from canned milk and other industrial products using various                            
              oxidase/substrate systems (cols. 1-2).  Rather, both Hitzman and Baker suggest that the                      
              presence of hydrogen peroxide may be undesirable in some liquids                                             






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