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.)
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