Appeal No. 2005-0075
Application No. 09/951,049
amounts of cyclodextrin and water disclosed by Daly may result in
some of the cyclodextrin in solution and some in an undissolved
slurry, the fact remains that Daly describes the method steps
presently claimed, namely, "contacting the cyclopropene gas with
a solution of the encapsulation agent" (claim 1, c)). Since
claim 1 on appeal does not preclude the presence of dispersed
encapsulation agent along with dissolved encapsulation agent,
appellants' argument is not germane to the claimed subject matter
on appeal. While appellants maintain that they "have discovered
that it is critical that all of the cyclodextrin be in solution
when contacted with the cyclopropene" (page 6 of Brief, first
sentence), the appealed claims do not recite a limitation that
all of the cyclodextrin be in solution.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
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