Appeal 2007-4133
Application 11/153,583
d. Recovering a stabilized aqueous alkali or alkaline earth metal
hypobromite solution.
(McCarthy, Col. 4, ll. 55-67.)
In the method of McCarthy, the alkali or alkaline earth metal
hypochlorite and the bromide ion source are mixed together. Thus,
McCarthy in step (b) is allowing the bromide ion source and the alkali or
alkaline hypochlorite to react to form alkali or alkaline earth metal
hypobromite (the oxidant). After the hypobromite is formed, a stabilizer,
such as sulfamate, is then added to form the stabilized hypobromite solution.
In contrast, as defined in the instant Specification, in order to obtain a
stabilized hypochlorite and bromide composition, the sulfamate (stabilizer)
is first added to the hypochlorite, and then the source of bromide ion is
added (Specification 2). Using that method, a composition is formed
wherein the stabilized hypochlorite and bromide do not react to form the
oxidant. Thus, McCarthy does not teach every element of claim 2 and thus
cannot be found to anticipate claim 2.
OTHER ISSUES
While we have found that the Examiner has not set forth a prima facie
case of anticipation, the Examiner, upon return of the administrative file,
may wish to consider whether the claimed subject matter is obvious over
McCarthy as combined with Shim (U.S. Patent No. 6,478,972 B1, issued
November 12, 2002, cited at page 2 of the instant Specification).
Shim discusses the same method of forming hypobromite as taught by
McCarthy (Shim, col. 2, ll. 16-45). Shim then teaches the method of
forming a stabilized hypochlorite and bromide composition as taught at page
2 of the instant Specification (id. at col. 3, ll. 14-27). According to Shim, the
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