Ex parte HARTMANN et al. - Page 7




          Appeal No. 1997-1793                                                        
          Application No. 08/528,044                                                  


          oxide can be used as a cosmetic article, lacquer, catalyst or               
          photocatalyst (appealed claim 9) or as a skin cosmetic                      
          (appealed claim 10).  Nor does Kleinschmit suggest, much less               
          teach, the production of an iron oxide/titanium dioxide mixed               
          oxide which is free from silicon dioxide (appealed claims 2-                
          5).                                                                         
               In stark contrast to Kleinschmit, Hattori discloses                    
          various binary oxides of Fe O -TiO  containing 10-90% Fe O  and2 3   2                    2 3                  
          having surface areas of 21-62 m /g (experimental section,2                                            
          Table 1, page 3208).  According to Hattori, the binary oxides               
          are useful as catalysts for the decomposition of 2-butanol                  
          (page 3208; Table 4, page 3212).  Hattori further teaches that              
          the disclosed binary oxides are produced by a coprecipitation               
          method involving the steps of subjecting a mixed solution of                
          ferric nitrate and titanium tetrachloride to hydrolysis with                
          aqueous ammonia at a pH of 8-9 to form a precipitate, washing               
          the precipitate with                                                        
          deionized water, drying the precipitate at 100EC for 20-30                  
          hours, and then calcining the dried precipitate in air at                   
          500EC for 2-3 hours (experimental section, page 3208).                      
               Contrary to the examiner’s stated position, we do not                  
          find any teaching or suggestion in the applied prior art                    
          references to use Kleinschmit’s method of making silicon                    

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