Appeal No. 2000-0057
Application 08/748,053
col. 3, lines 54-57; col. 4, lines 48-53; col. 5, lines 3-16
and 36-49). Regarding the acidulant, Bull teaches (col. 5,
lines 36-43):
Generally, any acid source which will not
interfere with the formation of a solid product, or
the activity of the iodine when subsequently diluted
may be used in the composition of the present
invention. Both organic and inorganic acids have
been found to be generally useful in the present
composition. Especially useful in the present
composition are acids such as phosphoric acid,
citric acid, and sulfamic acid.
The examiner argues that Bull’s phosphoric acid is a
liquid at temperatures below about 40ºC (answer, page 5) but,
as indicated by the evidence provided by the appellants
(attachment to reply brief), the examiner is incorrect.
The examiner argues that the composition in example 18 of
the appellants’ specification includes citric acid, sulfamic
acid and an aqueous solution of phosphoric acid, all of which
are disclosed by Bull (answer, page 5). As discussed above,
we interpret the appellants’ claims 1, 39 and 40 as requiring
an acid which is liquid in undiluted form at a temperature
less than about 40ºC. The phosphoric acid in Bull’s example
18 is in solution form and, as acknowledged by the examiner
(answer, page 5), citric acid is a solid at such a
5
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