Appeal 2007-4133
Application 11/153,583
each other's presence to yield the sulfamate stabilized
hypobromite as disclosed in the McCarthy '749 patent. The fact
that the Applicant is claiming the reactants, as opposed to the
final product, as a component within said microbicidal
composition is irrelevant, as the resultant microbicidal
composition as instantly claimed is identical to that disclosed in
the McCarthy '749 patent.
(Answer 4). The Examiner also asserts that “[t]he definition of a "stabilized
hypochlorite and bromide composition", as clearly stated by the
Applicant, comprises an alkali or alkaline earth metal hypochlorite, a
bromide ion source and a stabilizer. The McCarthy '749 patent discloses a
composition comprising a mixture of an alkali or alkaline earth metal
hypochlorite, a bromide ion source and a stabilizer (column 4, lines 54-67;
and column 5, lines 1-2).” (Id. at 5.)
We find that Appellant has the better argument, and the rejection is
reversed.
McCarthy teaches:
A stabilized aqueous alkali or alkaline earth metal hypobromite
solution may be prepared in the following fashion:
a. Mixing an aqueous solution of alkali or alkaline earth metal
hypochlorite having from about 5 percent to about 70 percent
available halogen as chlorine with a water soluble bromide ion
source;
b. Allowing the bromide ion source and the alkali or alkaline
earth metal hypochlorite to react to form a 0.5 to 70 percent by
weight aqueous solution of unstab[i]lized alkali or alkaline
earth metal hypobromite;
c. Adding to the unstabilized solution of alkali or alkaline earth
metal hypobromite an aqueous solution of an alkali metal
sulfamate in a quantity to provide a molar ratio of alkali metal
sulfamate to alkali or alkaline earth metal hypobromite from
about 0.5 to about 7; and
4
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