Appeal No. 1997-0486
Application 08/417,290
aminopoly-carboxylic acid, one of the preferred
aminopolycarboxylic acids being EDTA (col. 2, line 64 - col.
3, line 1; col. 4, lines 27-29; col 6, lines 49-50). The
preferred concentration of EDTA in the diluting water is 0.02
to 20 g/l, most preferably 0.05 to 5 g/l (col. 6, lines 62-
64).
The examiner argues that Yamada’s stabilizing solution
has a pH within the range recited in appellants’ claims and
that a disclosure of such a pH, considered with appellants’
discussion of the effects of appellants’ conditioning
solution, would have led one of ordinary skill in the art to
consider the two solutions to have similar effects and thus be
analogous (answer, pages 5-6). This argument is not well
taken because any
discussion in appellants’ specification of the effects of
their claimed conditioning solution is not prior art.
Moreover, the argument is mere speculation.
The examiner argues that it would have been obvious to
one of ordinary skill in the art to use Yamada’s EDTA
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