Appeal No. 1998-2439
Application 08/495,286
about 0.5% by weight of detergent surfactant and having a basic
pH of greater than about 10.5 for a time in excess of about one
minute and sufficient to effect a significant reduction in
microorganisms as compared to the same process where the solution
is immediately rinsed off, and then removing said aqueous
cleaning solution.
4. A method according to Claim 3 in which aqueous cleaning
solution comprises from about 0.3% to about 2% by weight of
ortho-phosphoric acid, where said organic polycarboxylic acid is
ethylenediaminetetraacetic acid, and wherein said aqueous
cleaning solution has a pH of from about 11.5 to about 12.5.
The examiner relies on the following prior art references as
evidence of unpatentability:
Bossert et al. (Bossert) 4,140,649 Feb. 20, 1979
Savage et al. (Savage) 5,366,995 Nov. 22, 1994
Murch et al. (Murch ‘295) 5,498,295 Mar. 12, 1996
Murch et al. (Murch ‘048) 5,500,048 Mar. 19, 1996
Murch et al. (Murch ‘143) 5,500,143 Mar. 19, 1996
Budich (German Patent) 40 23 418 Feb. 5, 1992
Claims 1-3 and 7-13 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Murch ‘295.
Claims 4-6 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Murch ‘295 in view of Budich.
Claims 1-13 stand rejected under the judicially created
doctrine of obviousness-type double patenting as being
unpatentable over claims 1-13 of U.S. Patent No. 5,498,295 (Murch
‘295) in view of Bossert and Savage.
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