Appeal No. 1997-2671
Application No. 08/446,473
patentee’s concentrate composition includes a peroxy acid
weight percentage range of 2% to 20% (e.g., see lines 6
through 11 in column 6) which is encompassed by the
appellants’ preferred 0.5-25 weight percent in concentrate of
peroxy acid at equilibrium (see the table on specification
page 20) and which substantially overlaps the appellants’
preferred 5-12 weight percent in concentrate of peroxyacetic
acid at equilibrium (see the table on specification page 22).
This correspondence between the peroxy acid concentrations
envisioned by the appellants and by Lokkesmoe coupled with the
correspondence between the acetic acid to hydrogen peroxide
mole ratios claimed by the appellants and disclosed by
patentee support a reasonable conclusion that Lokkesmoe’s
composition would include an acetic acid to peroxyacetic acid
mole ratio at equilibrium within the range required by
appealed independent claim 1. Stating this last mentioned
point differently, while the Lokkesmoe reference contains no
express disclosure concerning the mole ratio of acetic acid to
peroxyacetic acid at equilibrium for his composition, it is
reasonable to consider patentee’s composition as possessing
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