Ex Parte Ise - Page 5




          Appeal No. 2004-0630                                                        
          Application No. 09/755,177                                                  


          sulfuric acid solution corresponds to the remover solvent which             
          is recited in the claim under review, as revealed by the first              
          full paragraph on page 9 of the appellant's specification.  It              
          follows that the argument in question is factually erroneous and            
          concomitantly unconvincing.                                                 
               In addition, the appellant argues that the above-discussed             
          embodiment of Kashiwase "does not have a separate inlet port for            
          introducing a solution" (Brief, page 10; emphasis deleted).  This           
          argument lacks persuasive merit in several respects.                        
               First, the independent claim on appeal recites only a single           
          method step of "introducing oxygen water of high concentration              
          into a container by way of an oxygen-water-of-high-concentration            
          inlet pipe which introduces an oxygen-water-of-high-                        
          concentration," and the appellant implicitly concedes that this             
          step is met by Kashiwase (e.g., again see page 10 of the Brief).            
          While claim 7 includes additional apparatus recitation to the               
          effect that the afore-quoted container has "an inlet port for               
          introducing a solution into the container in a controllable                 
          manner," we do not perceive and the appellant does not explain              
          what if any impact this apparatus recitation has on the                     
          previously quoted method step.  See Leesoma Corp. v. U.S.,                  



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