Ex parte HARTMANN et al. - Page 14




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


          calcining the dried precipitate in air at 500EC for 2-3 hours                 
          (experimental                                                                 
          section, page 3208).  However, as in the appellants’ flame                    
          hydrolysis preparation process (specification, page 1, line 31                
          to page 2, line 7; appealed claim 3), Hattori describes the                   
          coprecipitation method as reacting an iron salt with titanium                 
          tetrachloride and then treating the resulting product at                      
          elevated temperatures to yield an iron oxide-titanium oxide                   
          binary oxides having the same composition and the same surface                
          area as recited in appealed claim 2.  In this regard, we note                 
          that the appellants have contested the examiner’s rejection as                
          follows:                                                                      
                    One of the critical features of the present                         
               invention is that the iron oxide/titanium dioxide                        
               mixed oxide is flame hydrolytically prepared.  This                      
               feature is believed to be critical to the invention                      
               because flame hydrolysis enables production of                           
               titanium dioxide having very small particle size,                        
               i.e., a BET surface area of 10-150 m /g, as2                                   
               positively recited in claim 2.  Such particles are                       
               advantageous because they have no pores, or very few                     
               pores which can be clogged with so-called secondary                      
               particles. [Underscoring original, italics added;                        
               brief, page 4.]                                                          
          Although Hattori uses a different preparation method, the                     
          final catalyst product identified as “Fe O -TiO (1/9)”                        
                                                   2 3    2                             
          possesses the same composition and the same surface area as                   
          the “flame hydrolytically prepared” product recited in                        
          appealed claim 2.  Under these circumstances, we think it is                  
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