Ex parte BERTUS et al. - Page 5




          Appeal No. 1999-1252                                                        
          Application No. 08/648,520                                                  

          unpatentable over Suggitt is sustained because these claims do              
          not exclude the chlorination/demetallization step of Suggitt.               
          Finally, none of the other section 103 rejections on this                   
          appeal can be sustained because the reference evidence adduced              
          by the examiner fails to establish a prima facie case of                    
          obviousness with respect to the subject matter defined by the               
          rejected claims.                                                            
               The decision of the examiner is affirmed.                              
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        






          Bradley R. Garris               )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Charles F. Warren               ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   

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