Appeal 2006-2966
Application 09/148,152
(i) saturated or unsaturated, open-chain or cyclic, normal or isomeric
hydrocarbons containing 8 to 30 carbon atoms;
(ii) saturated or unsaturated fatty alcohols, saturated or unsaturated fatty
acids, fatty acid monoalkyl esters, fatty acid amides, or monoalkyl amides of
saturated or unsaturated fatty acids, wherein the fatty alcohol, fatty acid or
fatty acid residue contains 8 to 30 carbon atoms;
(iii) monoesters or polyesters of saturated or unsaturated fatty acids
containing 4 to 30 carbon atoms and monoalcohols or polyols except for
polyethylene glycols;
(iv) polyamides of saturated or unsaturated fatty acids containing 8 to 30
carbon atoms and aliphatic polyamines containing 2 to 6 nitrogen atoms;
(v) acyclic, monocyclic or bicyclic terpenes; and
(vi) polyoxyalkylene compounds formed from alkylene oxides and at least
one substance selected from the group consisting of C12-C18 fatty alcohols,
C12-C18 fatty acids and glycerides of C12-C18 fatty acids;
wherein when the aqueous medium is a water piping or a cooling or heating
cycle or an industrial process water as a water carrying system and a
substance of group (v) is used, said substance of group (v) is always used in
admixture with at least one substance of the groups (i) – (iv) or (vi), and
wherein said emulsion is free of toxic microbiocides.
Claims 1-39 are rejected under 35 U.S.C. § 251 as being based upon
a defective reissue declaration. According to the Examiner, the declaration
is defective "because none of the errors which are relied upon to support the
reissue application are errors upon which a reissue can be based" (Final
Office Action, mailed Oct. 7, 1999, 2).
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