Ex parte MCINTYRE et al. - Page 2




          Appeal No. 1997-3889                                                        
          Application No. 08/553,733                                                  




               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Johnson et al. (Johnson)           4,344,841           Aug. 17,             
          1982                                                                        
          Bothe Almquist et al.         5,445,742           Aug. 29, 1995             
          (Bothe Almquist)                                                            
               Appealed claims 1-17 stand rejected under 35 U.S.C. § 103              
          as                                                                          
          being unpatentable over Bothe Almquist in view of Johnson.                  
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we will not sustain the examiner's                     
          rejection.                                                                  
               Bothe Almquist, like appellants, discloses a process of                
          reducing the hydrocarbon content of a mixture comprising a                  
          halosilane and a hydrocarbon.  However, rather than utilizing               
          the presently claimed silica gel as the adsorbent for                       
          hydrocarbons, Bothe Almquist employs activated carbons, high                
          silica zeolites and synthetic carbonaceous materials.                       
          Recognizing this deficiency in Bothe Almquist, the examiner                 
          relies upon Johnson for showing "that silica gel can be used                
          to adsorb hydrocarbon contaminates from a feed mixture" (page               
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