Appeal 2007-4133
Application 11/153,583
2. A microbicidal composition comprising:
(a) a stabilized hypochlorite and bromide composition; and
(b) at least one microbicide selected from among 2-methyl-4-
isothiazolin-3-one, 5-chloro-2-methyl-4-isothiazolin-3-one, 4,5-dichloro-2-
N-octyl-4-isothiazolin-3-one, 1,2-benzisothiazolin-3-one, 3-bromo-1-chloro-
5,5-dimethylhydantoin, poly(hexamethylenebiguanide hydrochloride), alkyl-
dimethyl-benzylammonionium chloride, pentane-1,5-dial, 5-bromo-2-nitro-
l,3-propane-diol and 2,2-dibromo-3-nitrilopropionamide;
wherein a weight ratio of the stabilized hypochlorite and bromide
composition to said at least one microbicide is from 1:400 to 300:1.
The Examiner relies on the following reference:
McCarthy U.S. 6,322,749 Nov. 27, 2001
We reverse.
DISCUSSION
Claims 2-6 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by McCarthy.
“It is well settled that a claim is anticipated if each and every
limitation is found either expressly or inherently in a single prior art
reference.” Celeritas Techs. Ltd. v. Rockwell Int’l Corp., 150 F.3d 1354,
1361, 47 USPQ2d 1516, 1522 (Fed. Cir. 1998).
Claim 2 requires a stabilized hypochlorite and bromide composition
and at least one specified microbicide. According to the Specification:
A “stabilized hypochlorite and bromide composition” is a
composition comprising an alkali or alkaline earth metal
hypochlorite, a bromide ion source and a stabilizer. Preferably,
the stabilizer is sulfamic acid or an alkali metal sulfamate.
Examples of stabilized hypochlorite and bromide compositions
are disclosed in U.S. Pat. Nos. 6,478,972 and 6,533,958, in
which the hypochlorite is first stabilized with sulfamic acid at
elevated pH (>11). Then a soluble bromide source, preferable
sodium bromide, is added to the mix. Under these conditions,
the stabilized hypochlorite and bromide do not react at
2
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