Appeal No. 1997-2671
Application No. 08/446,473
The subject matter on appeal relates to a method of
sanitizing and destaining ware products comprising the step of
applying to the ware a peroxyacetic acid concentrate
composition having a particular formulation. Further details
of this appealed subject matter are readily apparent from a
review of illustrative independent claim 1 which reads as
follows:
1. A method of sanitizing and destaining ware products
comprising the step of applying to the ware a peroxyacetic
acid concentrate composition comprising peroxyacetic acid,
acetic acid, hydrogen peroxide and a carrier, wherein an
initial mole ratio of acetic acid to hydrogen peroxide is less
than 3:1; a mole ratio of acetic acid to peroxyacetic acid at
equilibrium is less than 5:1, and wherein the composition is
diluted upon application to a concentration of at least 30 ppm
of peroxyacetic acid.
The references set forth below are relied upon by the
examiner as evidence of obviousness:
Fraula et al. (Fraula) Re. 30,537 Mar. 3, 1981
Lokkesmoe et al. (Lokkesmoe) 5,122,538 Jun.
16, 1992
All of the appealed claims stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Lokkesmoe in view of Fraula.1
1The appealed claims will stand or fall together; see page
4 of the brief. It follows that in our disposition of this
appeal we will focus upon appealed claim 1 which is the sole
independent claim before us.
2
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