Appeal No. 2005-0075
Application No. 09/951,049
The examiner relies upon the following reference in the
rejection of the appealed claims:
Daly et al. (Daly) 6,017,849 Jan. 25, 2000
Appellants' claimed invention is directed to a method of
preparing encapsulated cyclopropenes. The method entails, inter
alia, contacting the product cyclopropene gas with a solution of
an encapsulation agent, such as cyclodextrin.
Appealed claims 1-6, 8, 9 and 11 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Daly.
Appellants submit at page 3 of the Brief that "[c]laims 1-6,
8, 9, and 11 stand or fall together." Accordingly, all the
appealed claims stand or fall together with claim 1.
We have thoroughly reviewed each of appellants' arguments
for patentability. However, we are in complete agreement with
the examiner that the claimed subject matter is described by Daly
within the meaning of § 102. Accordingly, we will sustain the
examiner's rejection for essentially those reasons expressed in
the Answer, and we add the following primarily for emphasis.
Appellants do not dispute the examiner's factual finding
that Daly, like appellants, discloses a method of preparing
encapsulated cyclopropenes comprising the steps of contacting a
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