Appeal 2007-4098
Application 09/962,887
STATEMENT OF THE CASE
The subject matter on appeal is directed to pellets “based on iron
oxides and/or iron oxyhydroxides having a large specific surface area (50 to
over 200 m2/g according to BET…” (Specification 1, ll. 1-3). To prepare
these pellets,
an aqueous suspension of iron oxyhydroxide and/or iron oxide
and iron hydroxide is first prepared, which is either dried until
it is solid and the solid material then optionally comminuted
mechanically to the desired shape and/or size, or alternatively
the dispersion undergoes mechanically shaping, optionally in
the semisolid state after predrying, and is then (further) dried
until it reaches a solid state. [Specification 8, ll. 3-10.]
[Emphasis added.]
Further details of the appealed subject matter are recited in representative
product-by-process claim 11 reproduced below:
1. A unit suitable for the through-flow of a fluid medium at
least partially filled with an absorbent/catalyst in pellet form
consisting essentially of iron oxide and/or oxyhydroxide
prepared from an aqueous suspension and embedded in a [sic]
iron hydroxide matrix.
As evidence of unpatentability of the claimed subject matter, the
Examiner has relied upon the following references:
Blumer US 4,515,756 May 7, 1985
1 Product-by-process claims are claims directed to products defined at least
in part by process limitations. Claim 1 is directed to a unit containing a
pellet which is defined at least in part by a process limitation (e.g., “prepared
from an aqueous suspension”).
2
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