Ex parte EICHLER et al. - Page 9




          Appeal No. 1996-3367                                       Page 9           
          Application No. 08/480,554                                                  

          lower sodium chloride ratio method that would necessarily                   
          alleviate any concerns of a skilled artisan that may have been              
          identified by Böttger.  In particular, we note that appellants              
          suggested comparison of Example 2 of Böttger with appellants'               
          Example 2 is not convincing in establishing that the ratio of               
          sodium chloride to iron chloride ever exceeded 0.5 in Example               
          2 of Böttger (brief, pages 6 and 7).  We note, for instance,                
          that a washing step, a different reaction pressure and                      
          temperature, a larger size reactor, etc. were present in                    
          Example 2 of Böttger as compared to appellants' Example 2.                  
          Contrary to appellants' assertions, we find that it cannot be               
          ascertained from a direct  comparison of the above-noted                    
          examples, the origin of the allegedly differing results due to              
          the number of unconstrained variables.  See In re Dunn, 349                 
          F.2d 433, 439, 146 USPQ 479, 483 (CCPA 1965) ("[t]he cause and              
          effect sought to be proven is lost here in the welter of                    
          unfixed variables").                                                        
               In addition, we find that appellants have not                          
          demonstrated that Example 2 in their specification is                       
          reasonably commensurate in scope with the degree of protection              
          sought by the appealed claims.  See In re Kulling,  897 F.2d                








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