Ex parte HEITFELD et al. - Page 2


                 Appeal No.  1999-1276                                                          Page 2                    
                 Application No.  08/318,574                                                                              

                         Claim 1 is illustrative of the claims on appeal and reads as follows:                            
                         1.     A method for quantitating an organic peracid comprising:                                  
                         introducing into a sample solution containing an organic peracid in the                          
                 presence of a high background of hydrogen peroxide in said solution, an amount of                        
                 catalase sufficient to decompose said hydrogen peroxide in said solution;                                
                         reacting all of the hydrogen peroxide present in said solution with sufficient                   
                 amount of said catalase without decomposing said organic peracid present in the                          
                 solution; and                                                                                            
                         quantitating said organic peracid in ppm active oxygen (A.O.) by measuring                       
                 an amount of said organic peracid in an absence of said hydrogen peroxide.                               

                         The references relied upon by the examiner are:                                                  
                 Bittner                                   3,677,903            Jul.   18, 1972                         
                 Clements et al. [Clements '210]             4,338,210            Jul.   06, 1982                         
                 Clements [Clements '566]                   4,427,566            Jan.  24, 1984                          
                 Wiersema et al. [Wiersema]                  5,296,161            Mar.  22, 1994                          
                 Heath et al. (Heath),  "A New Sensitive Assay for the Measurement of                                     
                 Hydroperoxides," Analytical Biochemistry, Vol. 76, pp. 184-191 (1976)                                    
                 Johnson et al. (Johnson), "The Determination of Organic Peroxides," Pergamon                             
                 Press, pp. 15-27 (1970)                                                                                  

                         Claims 1, 8, 10-12, 15 and 19-27 stand rejected under 35 U.S.C.                                  
                 § 103(a) as being unpatentable over the combination of Johnson in view of each of                        
                 Heath, Bittner, Clements '210 and Clements '566.                                                         
                         Claims 3-7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                         
                 over the combination of Johnson in view of each of Heath, Bittner, Clements '210                         
                 and Clements '566, as applied to claims 1, 8, 10-12, 15 and 19-27, and further in                        
                 view of Wiersema.                                                                                        






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