Ex Parte Hei et al - Page 2

                Appeal 2006-3208                                                                                 
                Application 10/097,232                                                                           
                                        STATEMENT OF THE CASE                                                    
                       The field of the invention is lubricants, more specifically                               
                antimicrobial lubricants.                                                                        
                       Prior art conveyor lubricants “permit high-speed operation of the                         
                conveyor” but “some conveyor lubricants can promote the growth of                                
                microbes, leading to possibly unhealthy conditions on the conveyor line or                       
                in the filled containers” (Specification (hereafter “Spec.”) 1).  Appellants                     
                add a singlet oxygen-generating agent to prior art conveyor lubricants to                        
                address this problem.  Singlet oxygen is generated in situ by a generating                       
                agent, preferably a photochemical generator, such as a dye (Spec. 4-6).                          
                Appellants’ examples are made by adding a photo-activator dye (Toluidine                         
                Blue) to a “commercial aqueous lubricant” such as MICROGLIDE™ or                                 
                KX-5120™ beverage container lubricant, both products of  Ecolab Inc. (id.                        
                at 17-23).                                                                                       
                       The claimed subject matter is reflected in independent claim 1:                           
                       1.  An antimicrobial beverage conveyor lubricant                                          
                       composition comprising a singlet oxygen-generating agent                                  
                       and sufficient lubricant to provide a lubricant coating having                            
                       a coefficient of friction less than about 0. 14 and permitting                            
                       high-speed movement of blow-molded polyethylene                                           
                       terephthalate containers along a beverage conveyor.                                       
                       The Examiner has rejected claims 1-19 and 59-65 under 35 U.S.C.                           
                § 103(a) over the following references:                                                          
                       Goodrich, Jr, et al.   U.S. 6,277,337 B1 Aug. 21, 20012                                   
                       Li et al.    U.S. 6,207,622 B1 Mar. 27, 2001                                              
                       Alder et al.    U.S. 4,990,232  Feb.   5, 1991                                            

                                                                                                                
                2 The listed dates are issue dates.                                                              

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