Appeal 2007-0535
Application 10/601,731
OTHER ISSUES
In Example 4, Beerse describes a composition having a pH of 3.9 that
comprises 4% malonic acid and 3.2% sodium malonate in water. If
prosecution of this application is continued, the Examiner should consider
whether this composition anticipates any of the claims.
SUMMARY
The Examiner’s position is supported by the preponderance of the
evidence of record. We therefore affirm the rejection of claims 1 and 3-16
under 35 U.S.C. § 103 over Jokura and the rejection of claims 1, 3, 4, 6-9,
11-13, and 15 under 35 U.S.C. § 103 over Beerse.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
lbg
UNILEVER INTELLECTUAL PROPERTY GROUP
700 SYLVAN AVENUE,
BLDG C2 SOUTH
ENGLEWOOD CLIFFS NJ 07632-3100
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