Appeal 2007-2985
Application 010/669,978
1 (unpatented claims given broadest reasonable construction consistent with
2 specification).
3 The claims require that the aqueous hydrogen peroxide solution have
4 less than 50 wppm of alkali metal, alkaline earth metals or amines with a pkB
5 less than 4.5.
6 Nothing in the specification requires that an alkali metal, an alkaline
7 earth metal or an amine with a pkB less than 4.5 be present in the claimed
8 composition.
9 Accordingly, the claim requires only aqueous hydrogen peroxide and
10 an anion, e.g., a stabilizer.
11 The claim is broad enough to read on the following composition: an
12 aqueous hydrogen peroxide solution comprising water, hydrogen peroxide
13 and at least 100 wppm [based on the hydrogen peroxide] of anions.
14
15 Applicability of Tsao
16 Tsao differs, if at all, in that the unstabilized dilute hydrogen peroxide
17 described by Tsao arguably does not have anions, e.g., a stabilizer.
18 However, Tsao turns right around and says one skilled in the art
19 would use a stabilizer.
20 The Tsao revelations are totally consistent with the representations by
21 Haas in the Haas specification that stabilizers are known to be used in
22 aqueous hydrogen peroxide solutions to prevent decomposition.
23 Specification ¶¶ 0025, 0035 and 0036.
24 On this record it is abundantly clear that one skilled in the art would
25 know (1) the need for a stabilizer in an aqueous solution of hydrogen
9
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