Ex parte CRONIN et al. - Page 3





          Appeal No. 95-2742                                                               
          Application 08/006,411                                                           

          examiner only to the extent of the rejection of appealed claims 9                
          through 11 in the last stated rejection under 35 U.S.C. ' 103.                   
             Rather than reiterate the respective positions advanced by the                
          examiner and appellants, we refer to the examiner’s answer and to                
          appellants’ brief for a complete exposition thereof.                             
                                         Opinion                                           
             We reverse the examiner’s rejection of appealed claims 1                      
          through 11 under 35 U.S.C. ' 112, second paragraph, since it is                  
          clear to us that claims 1, 3 and 6 comply with the requirements                  
          of this section of the statute.  Indeed, in appealed claim 1, the                
          language “thereby treating said hydrochloric acid and the                        
          activated carbon having adsorbed silicon-containing materials                    
          thereon” merely summarizes that in process step “(I)” (1) the                    
          hydrochloric acid has been treated, and (2) the silicon-                         
          containing materials have been adsorbed onto the activated                       
          carbon.  With respect to appealed claims 3 and 6, the language                   
          “any silicon-containing materials contained in said hydrochloric                 
          acid to adsorb on the activated carbon thereby ... the activated                 
          carbon having adsorbed silicon-containing materials” of process                  
          step “(I)” of appealed claim 1 (emphasis added) expressly                        
          indicates how the activated carbon contains the silicon-                         
          containing material, thus providing antecedent basis for the                     
          language “the activated carbon containing silicon-containing                     
          materials” in appealed claims 3 and 6.                                           
             We further reverse the grounds of rejection under 35 U.S.C. '                 
          103 of appealed claims 1 and 2 and of appealed claims 3 through                  
          8.  As a matter of claim construction, it is apparent to us that                 
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