Appeal 2007-2364 Application 09/879,613 under 35 U.S.C. § 6(b). We REVERSE and enter a NEW GROUND OF REJECTION under 37 C.F.R. § 41.50(b). The claimed subject matter relates to a packaged sterilized sponge said to be useful for scrubbing semiconductor wafers in clean rooms. The Examiner has relied on the following art as evidence of unpatentability under 35 U.S.C. § 103: Paley 5,988,371 23 Nov. 1999 Onodera 6,012,576 11 Jan. 2000 B. Findings of Fact The following findings of fact and those set out in the Discussion are supported by a preponderance of the evidence of record. To the extent a finding of fact involves a conclusion of law, it may be treated as such. 1. The application on appeal, 09/879,613, was filed on 12 June 2001, claiming the benefit under 35 U.S.C. § 119(e) of provisional application 60/210,969, which was filed 12 June 2000. 2. According to the Specification, Skoufis discovered that by soaking sponges made from polyvinylalcohol ("PVA") in a dilute solution of hydrogen peroxide in deionized water, bacterial growth is inhibited. (Specification at 4, 2d full paragraph.) 3. According to the Specification, the invention provides the unexpected benefit that the hydrogen peroxide-deionized water solution "tends to deteriorate fairly rapidly" leaving only water and oxygen as decomposition products, "without any metal ions or debris of any kind" that would compromise the cleanliness of the ultraclean sponges. (Specification at 4, last paragraph.) 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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