Appeal 2007-4133
Application 11/153,583
concentrated levels at high pH. When diluted at use
concentrations (0.05- 10 ppm total residual oxidant reported as
C12), the stabilized hypochlorite oxidizes the bromide to form
free residual oxidant.
(Specification 2.)
Thus, as defined by the Specification, the claimed stabilized
hypochlorite and bromide composition is one in which the stabilized
hypochlorite and bromide do not react to form the oxidant.
According to the Examiner, McCarthy teaches a synergistic
microbicidal composition comprising “an alkali or alkaline earth metal
hypochlorite and bromide composition stabilized with an alkali metal
sulfamate stabilizer (column 2, lines 52-54; column 3, lines 6-10 and 30-50;
column 4, lines 38-67; column 5, lines t- 1 t [sic]); and a mixture of 5-
ch[l]oro-2-methyl-4-isothiazolin-3-one and 2-methyl-4-isothiazolin-3-one
(column 1, lines 8-15; column 2, lines 7-17; column 3, lines 6-10, 14-17 and
30-50; column 4, lines 38-67).” (Answer 3.)
Appellant argues that McCarthy discloses “a stabilized hypobromite
solution made from hypochlorite and bromide, and not the ‘stabilized
hypochlorite and bromide’ that is recited in the present claims.” (Br.2 10.)
The Examiner responds that
a stabilized hypochlorite and bromide composition comprising
a sulfamate stabilizer, hypochlorite and bromide, would
likewise yield the sulfamate-stabilized hypobromite disclosed
in the McCarthy '749 patent. Each of the sulfamate stabilizer,
hypochlorite and bromide components within the composition
as instantly claimed do not exist in a vacuum within their own
respective microcosms, but rather react with one another in
2 All references to the Brief (Br.) are to the Amended Appeal Brief dated
December 27, 2006.
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