Appeal No. 97-3640
Application No. 08/406,272
"adding water ..." but also continues to interpret the claimed invention as merely requiring a water-
containing fluid (Br. page 12, paragraph one). Furthermore, both the non-aqueous system and the
express disclosure "that any relatively small amount of water vapor contained in the non-reacting gas
feed (introduced therein prior to or during a process for the production or treatment of the non-reacting
gas) is scavenged by the polyhydric alcohol and alkali of the absorbent solution" (col. 4, lines 53-57) in
Jones teaches away from the claimed invention which specifically calls for adding water (Br. page 12,
paragraphs two and three).
We initially note that we agree with the examiner that McKernan explicitly discloses a solid
CO absorbent material at page 2, lines 7-9 (Ans. pages 14-15).
2
However, the question remains whether or not McKernan and/or Jones disclose or suggest a
step of adding water to an olefin-containing fluid. At page 2, paragraph 3, McKernan discloses his
absorbent composition preferably contains copper II oxide, "especially when the composition is to be
used in the treatment of dry (anhydrous) hydrocarbon materials." This clearly suggests the olefin-
containing fluid can be either wet or dry to begin with. Moreover, use of "wet" samples is seen in the
examples of McKernon. Similarly, Jones suggests the ethylene feed can already be wet, i.e. contain
trace amounts of water as an impurity (col. 10, lines 7-11 and col. 14, lines 30-33). Belatedly, the
examiner urges that the claimed "adding of water" reads on the "introducing of water" suggested by
Jones (Ans. paragraph bridging pages 14-15). However, the examiner has not established that any of
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