Appeal No. 1998-1568 Application No. 08/336,352 (a) formulating a strong oxidizing solution of Caro's acid by mixing about 40 to 60 percent hydrogen peroxide by volume with concentrated sulfuric acid in the ratio of about 1 part hydrogen peroxide: 8 parts sulfuric acid by volume to about 1 part hydrogen peroxide: 20 parts sulfuric acid by volume; and (b) storing said strong oxidizing solution in a container having a space over said solution containing one of a vacuum or a non-oxidizing atmosphere inert to said oxidizing solution. As evidence of obviousness, the examiner relies on the following prior art: Jayawant 3,927,189 Dec. 16, 1975 Bardy et al. (Bardy) 3,931,396 Jan. 6, 1976 Haynes et al. (Haynes) 4,229,544 Oct. 21, 1980 Ota et al. (Ota) 4,334,610 Jun. 15, 1982 Appellants’ admission at pages 1 and 2 of the specification (hereinafter referred to as “admitted prior art”). Claims 1 through 4 and 7 through 10 stand rejected under 35 U.S.C. § 103 as unpatentable over the combined teachings of the admitted prior art and either Jayawant, Bardy, Ota, or Haynes. We have carefully reviewed the claims, specification and applied prior art, including all of the arguments advanced by both the examiner and appellants in support of their 3Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007