Appeal No. 2001-1154 Page 2
Application No. 08/482,579
(b) from about 0.2 to about 14% by weight of an iodide
component selected from the group consisting of iodide salt,
iodide acid and mixtures thereof; and
(c) from about 2% to about 85% by weight of an alkyl
polyglycoside having the formula I;
R1O(R2O)b(Z)a I
wherein R1 is a monovalent organic radical having from about 6 to about
30 carbon atoms; R2 is a divalent alkylene radical having from 2 to 4
carbon atoms; Z is a saccharide residue having 5 or 6 carbon atoms; b is
a number having a value from 0 to about 12; a is a number having a value
from 1 to about 6, all weights being based on the weight of the
concentrate.
The references relied upon by the examiner are:
Sheety 4,576,818 Mar. 18, 1986
McCurry, Jr., et al. (McCurry) 5,266,690 Nov. 30, 1993
Lennette et al. (Lennette), Manual of Clinical Microbiology, 4th Edition, American
Society for Microbiology, p. 132 (1985)
GROUNDS OF REJECTION
Claim 22 stands rejected under 35 U.S.C. § 112, second paragraph, as
lacking antecedent basis for the phrase “said aqueous antimicrobial use
composition.”2
Claims 1, 3-11, 13-18 and 20-25 stand rejected under 35 U.S.C. § 103 as
being unpatentable over appellants’ acknowledged prior art in view of Lennette,
Shetty and McCurry.
We affirm the rejection under 35 U.S.C. § 112, second paragraph and
reverse the rejection under 35 U.S.C. § 103.
2 We note that the rejection of claims 4, 14 and 21 was withdrawn (see Paper No. 17) in response
to appellents’ amendments. See Reply Brief, Appendix of Claims.
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