Ex Parte Cisar et al - Page 5

                Appeal 2007-2124                                                                                   
                Application 10/175,515                                                                             
                6.   The basic solution is combined with an acid solution containing zirconyl                      
                ion to precipitate the zirconyl tungstate matrix (Ehrhardt, col. 3, ll. 24-27                      
                and 60-68).                                                                                        
                7.   “It is preferable to slowly add the basic tungsten solution to the acid                       
                solution . . . to promote formation of zirconyl tungstate.  This is because of                     
                the tendency of the zirconyl cation to form zirconium hydroxide” which is                          
                undesirable (Ehrhardt, col. 4, ll. 5-12).                                                          
                8.  After the zirconyl tungstate matrix is precipitated, the pH of the slurry                      
                comprising the matrix is adjusted to from 5 to 7 using a base such as sodium                       
                hydroxide to prevent the zirconyl tungstate from re-dissolving (Ehrhardt,                          
                col. 4, ll. 19-23).                                                                                
                9.  “Any zirconium hydroxide which forms from the excess zirconyl cation                           
                used as described above, may precipitate when the slurry is adjusted to a                          
                basic pH.  This precipitate may remain associated with the matrix and adsorb                       
                any solubilized tungsten released from the matrix which would otherwise                            
                contaminate the eluate” (Ehrhardt, col. 4, ll. 23-29).                                             
                10.  The matrix material may be transferred to an empty container, such as a                       
                glass column used in standard chromatography, for eluting and harvesting                           
                the daughter compound Re-188 (Ehrhardt, col. 4, ll. 40-47).                                        

                                                 DISCUSSION                                                        
                       The dispute in this appeal turns on the proper interpretation of the                        
                phrase “inorganic layered hydroxide.”  The Examiner contends that Ehrhardt                         
                teaches a tungsten compound which contains hydroxide, meeting the                                  
                limitation in claim 1 of an “inorganic layered hydroxide” (Answer 3-4).                            
                Appellants assert that the Examiner improperly interprets the claimed                              

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