Ex parte MCGUCKIN et al. - Page 5




                     Appeal No. 1997-0486                                                                                                                                              
                     Application 08/417,290                                                                                                                                            


                     recited in appellants’ claim 1 (specification, page 16, lines                                                                                                     
                     29-32).                                                                                                                                                           
                                Cullinan does not disclose an EDTA concentration of                                                                                                    
                     about 0.25 to about 3 g/l as required by appellants’                                                                                                              
                     independent claim 1, or less than about 3 g/l as required by                                                                                                      
                     appellants’                                                                                                                                                       
                     independent claims 12 and 21.   The only concentration of the 1                                                                                                   
                     EDTA disclosed by Cullinan is 8 g/l (col. 8, lines 27, 37                                                                                                         
                     and 47).                                                                                                                                                          
                                Yamada discloses adding water, which has been treated to                                                                                               
                     render it antifungal, as a diluent for at least one of a                                                                                                          
                     developing solution and a fixing solution, and also discloses                                                                                                     
                     incorporating this water into washing water or a stabilizing                                                                                                      
                     solution (col. 2, line 55 - col. 3, line 2; col. 7, lines 8-                                                                                                      
                     11; col. 11, lines 12-15 and 17-21).  One of the disclosed                                                                                                        
                     ways for rendering the water antifungal is to add to it an                                                                                                        

                                1 When we interpret appellants’ claims 12 and 21 as a                                                                                                  
                     whole, we conclude that the claims require that the                                                                                                               
                     conditioning solution includes three components, i.e., a                                                                                                          
                     bleach accelerating agent, a formaldehyde precursor and an                                                                                                        
                     antimicrobial agent.  Thus, we interpret “said antimicrobial                                                                                                      
                     agent being present in said conditioning solution in an amount                                                                                                    
                     of less than about 3 g/l” as meaning that some antimicrobial                                                                                                      
                     agent is present, but in an amount less than about 3 g/l.                                                                                                         
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