Appeal 2007-3548
Application 10/627,947
benzotriazoles could have been used to remove metals from waste streams
having about a pH 7. Appellants have chosen to describe a pH up to about 7
as acidic. (See Specification 21, ¶ 111). Thus, the claim language “any
specific acidic pH” does not patentably distinguish the invention from the
cited prior art.
Appellants’ arguments regarding the presence of benzene in the
system of Hernandez are not persuasive. The claimed invention is open to
the inclusion of other components by virtue of the use of the term
“comprising.”
CONCLUSION
The rejection of claims 1-9, 11, 12, 14, 17, 21, 22, 24, 25, 28-30, and
33-35 is affirmed. The rejection of claims 10, 13, 15, 16, 18-20, 31, and 32
is reversed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED-IN-PART
clj
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