Ex parte DRINKWINE et al. - Page 9




          Appeal No. 94-1098                                                          
          Application 07/712,581                                                      


          same chemical provided on the substrate, as opposed to, for                 
          example, a gaseous or vapor phase of a reactant produced by                 
          compounds provided on the substrate.  Since in Stenger the carbon           
          dioxide gas produced in heated zone 21 is either (1) a reactant             
          produced when non-volatile inorganic carbonates deposited on the            
          carbonate-reactive body 20 react with the acidic coating thereof,           
          or (2) dissolved carbon dioxide released directly into the                  
          carrier gas stream by vaporizing volatile components of the                 
          liquid, it cannot be said that Stenger’s carbon dioxide gas is              
          the gaseous or vapor phase of a chemical provided on the material           
          67.  Nor does Stenger suggest modifying the method thereof to               
          provide for such a circumstance, in our view.                               
               In light of the foregoing, we cannot sustain the § 103                 
          rejection of claims 1, 6, 8-10, 25 and 29 as being unpatentable             
          over Stenger.                                                               
               We have also reviewed the Munk, Jones and Gelman references            
          additionally relied upon by the examiner in rejecting the                   
          remainder of the appealed claims but find nothing therein which             
          makes up for the deficiencies of Stenger discussed above.                   
          Accordingly, we cannot sustain the rejection of claims 3, 26 and            
          27 as being unpatentable over Stenger and Munk, the rejection of            
          claims 5 and 28 as being unpatentable over Stenger and Jones, or            

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