Ex Parte Fulmer et al - Page 12


            Appeal No. 2006-2485                                                        Page 12              
            Application No. 10/925,646                                                                       

            ppm, and more preferably 100-500 ppm (aqueous solution to treating solution).”  Col. 2,          
            lines 29-33.  Veldman states that the oxygen scavengers “can be mixed in a ratio of 2-6          
            (and preferably 5) weight % quinone and 10-30 (and preferably 10) weight %                       
            hydroxylamine, with the balance [being] deionized water.”  Col. 5, lines 55-59.                  
                   In Example 1 of Veldman, 8 gallons of Inhibitor A, which contains 10 weight %             
            DEHA, is initially added to a 12,000 gallon system.  Col. 6, line 64, to col. 7, line 43.        
            Thus, the system contained approximately 67 ppm DEHA.  This amount is within the                 
            range of 3 to 500 ppm that is identified in the specification as being “sufficient to cause      
            iron deposits to release from the surface of a closed loop system.”  Page 7, lines 11-15.        
                   In Example 1, Veldman states that corrosion of the equipment was increasing but           
            that, within two weeks of initial dosing with the composition, “[c]orrosion in the system        
            was markedly reduced as indicated by solution iron decreasing from an initial                    
            concentration of 65 ppm to less than 30 ppm.”  Col. 7, lines 7-33.  The presence of iron         
            at the beginning of the process indicates that the system used in Veldman had iron               
            deposits on its surface.  In addition, because the DEHA concentration used in this               
            example is identified in the specification as sufficient to cause iron deposits to release       
            from the surface of a closed loop system, we agree that the examiner has set forth a             
            prima facie case of anticipation.                                                                
                   Appellants argue that Veldman “is directed to corrosion inhibiting and not                
            cleaning.” Appeal Brief, page 9.  In addition, Appellants argue that the independent             
            claims each require that:  “1) the method is applied in a system having surface iron             
            deposits, and 2) the method is applied such that the iron deposits release from the              
            surface of the system,” and Veldman does not teach or suggest “these elements of the             





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