THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 15
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte MICHAEL J. McGEARY
and HERMAN J. BOEGLIN
______________
Appeal No. 94-3976
Application 07/891,4841
_______________
HEARD: April 7, 1997
_______________
Before JOHN D. SMITH, GARRIS2 and WARREN, Administrative Patent
Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
We reverse the examiner’s rejection of appealed claims 1
through 8 under 35 U.S.C. ' 103 as being unpatentable over
Ghandhi or Wolf taken with either Morris or Ellingboe. We agree
with appellants that one of ordinary skill would not have been
motivated by Morris (oxalyl chloride is selected over HCl as a
“chloride-containing substance” used for simultaneous “removal of
a majority of the molybdenum and chloriding of the alumina-
1 Application for patent filed May 29, 1992.
2 Judge McFarlane, who participated in the oral hearing, has
resigned from the Board. Pursuant to 35 U.S.C. § 7, Judge Garris
has been designated as a substitute to decide this appeal. Cf. In
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