Appeal No. 1997-2671
Application No. 08/446,473
OPINION
This rejection will be sustained.
Lokkesmoe discloses a point-of-use process for making a
peroxyacetic acid concentrate composition of the type here
claimed (e.g., see the paragraph bridging columns 2 and 3 and
lines 54 through 64 in column 3) and a method of sanitizing
and destaining ware products wherein the aforementioned
concentrate composition is diluted to a concentration range of
about 5-200 ppm (e.g., see lines 41 through 68 in column 6) as
required by appealed claim 1. It is the appellants’ basic
position that this claim distinguishes over Lokkesmoe because
the latter contains no teaching or suggestion of the here
claimed mole ratios. We cannot agree.
In Example 3, Lokkesmoe discloses reacting a 1.5:1 mole
ratio of acetic acid to hydrogen peroxide (e.g., see lines 56
and 57 in column 8). From our perspective, this disclosure
teaches or at least would have suggested the appealed claim 1
requirement of an initial mole ratio of acetic acid to
hydrogen peroxide of less than 3:1.
As for the here claimed 5:1 mole ratio of acetic acid to
peroxyacetic acid at equilibrium, it is important to note that
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