Ex Parte Schlegel et al - Page 3

                Appeal 2007-4101                                                                               
                Application 09/962,972                                                                         
                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 for                           
                      the removal of a contaminant from the fluid medium                                       
                      comprising                                                                               
                      a cartridge housing, which comprises a vessel having a centrally                         
                      positioned inlet pipe, flat filter layers, a cover ensuring the                          
                      inflow and outflow of the medium, together with a base part,                             
                      wherein the cartridge housing is filled with at least partially                          
                      some particles prepared from fine-particle iron oxide and/or                             
                      oxyhydroxide, which are prepared from an aqueous suspension,                             
                      wherein the fine-particle iron oxide and/or iron oxyhydroxide                            
                      includes a particle size of up to 500 nm and a BET surface area                          
                      of 50 to 500 m2/g.                                                                       
                      As evidence of unpatentability of the claimed subject matter, the                        
                Examiner has relied upon the following references:                                             
                Price    US 3,266,628   Aug. 16, 1966                                                          
                Sylva    US 4,477,347   Oct. 16, 1984                                                          
                Nieweg   US 5,049,272   Sep. 17, 1991                                                          
                Strand   US 5,340,478   Aug. 23, 1994                                                          
                Blaney   US 5,538,629   Jul. 23, 1996                                                          
                Wilkins   US 5,919,357   Jul. 6, 1999                                                          
                Klabunde   US 6,093,236   Jul. 25, 2000                                                        




                                                                                                              
                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.                              


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