Appeal 2006-2966
Application 09/148,152
DECISION ON APPEAL
Statement of the Case
This is an appeal under 35 U.S.C. § 134 from the Examiner's final rejection
of claims 1-39 in the above-identified reissue application. We have
jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
Appellant claims a method of decreasing microbial growth and
preventing slime formation in an aqueous medium which comprises
incorporating into the aqueous medium an effective microbial growth
retarding and slime formation preventing amount of an oil-in-water
emulsion. Reissue claim 1, which corresponds to Patent claim 1, defines the
method in terms of the species elected without traverse during patent
prosecution. Reissue claim 10 defines the method in terms which are
generic to the elected species. These claims adequately represent the
claimed subject matter on appeal and are reproduced below:
1. A method of decreasing microbial growth and preventing slime
formation in an aqueous medium comprising the step of incorporating in
said aqueous medium an effective microbial growth retarding and slime
formation preventing amount of an oil-in-water emulsion comprising an oil
phase and at least one emulsifier for the oil phase, wherein the oil phase
comprises saturated or unsaturated, open-chain, normal or isomeric
hydrocarbons containing 8 to 30 carbon atom [sic]; and wherein said
emulsion is free of toxic microbiocides.
10. A method of decreasing microbial growth and preventing slime
formation in an aqueous medium comprising the step of incorporating in
said aqueous medium an effective microbial growth retarding and slime
formation preventing amount of an oil-in-water emulsion comprising an oil
phase and at least one emulsifier for the oil phase, wherein the oil phase
comprises at least one substance selected from the group consisting of:
2
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