Appeal No. 96-0394
Application 07/989,729
To the extent that the examiner may have relied on
obviousness, rather than inherency, we find no suggestion or
motivation in either reference to arrive at the claimed subject
matter. Neither Jones nor Tauster recognizes the importance of
obtaining the claimed acidic values.
Upon return of this application, the examiner should
consider applicability of a § 112 rejection based on non-
enablement. Appellants state at page 22 of the specification
that the catalysts produced according to examples 1 through 9 are
"believed" to have an acid value H of -18. This belief does not
o
appear to be based on any art-accepted test or measurement.
We note that the specification discloses soaking the calcined
catalysts in 1.0 normal sulfuric acid, yet according to the
appellants the resultant product has an acid value which is six
orders of magnitude more acidic than concentrated sulfuric acid.
See Brief, page 6, in conjunction with the specification, example
1.
Upon return of this application, the examiner should also
determine whether all the relevant prior art has been considered.
We direct attention to Japanese Patent J01245853. According to
4
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007