Appeal 2006-1705
Application 10/744,481
The subject matter on appeal relates to a massive body comprising a
metal chlorite, an acid source and a source of free halogen wherein the
massive body produces a solution of chlorine dioxide and free halogen when
exposed to liquid water. Further details regarding this subject matter are set
forth in representative independent claim 38 which reads as follows:
38. A massive body comprising a metal chlorite, an acid source and a
source of free halogen, wherein said massive body produces a solution of
chlorine dioxide and free halogen and forms a low solubility porous
framework when exposed to liquid water.
No references have been relied upon by the examiner in support of the
sole rejection before us on this appeal which is based on the enablement
requirement in the first paragraph of 35 U.S.C. § 112.1
Claims 38-48 are rejected under 35 U.S.C. § 112, first paragraph,
because the specification "does not reasonably provide enablement for the
above [claimed] massive body when it is not limited to said ratio of the
concentration of chlorine dioxide generated to the sum of the concentrations
of chlorine dioxide generated and chlorite anion being at least 0.25:1 by
weight" (Answer 3). As subsequently expressed on page 4 of the Answer,
"[t]he examiner thus holds that applicant's pending independent claims 38
and 44 must be amended to require a ratio of concentration of chlorine
1 The obviousness-type double patenting rejections set forth in the final
Office action have not been advanced on this appeal (e.g., see the paragraph
bridging pages 2-3 of the Answer).
2
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