Appeal No. 96-2884
Application No. 08/181,997
specification at page 21, line 26-page 22, line 2 states that the mole percent of free
carbon is “less than... one” and the mole percent of iron oxide is “less than .... five”.
Since the expression “ no more than ...one [or five]”, now recited in the claims,
includes one [or five] and the expression “less than... one” in the specification does not
include one [or five], we find that appellant’s specification does not reasonably convey
to persons skilled in the art that, as of the filing date thereof, that the inventor had
possession of the now claimed subject matter.
C.
35 U.S.C. §§ 102 and 103 rejections
The prior art
Okamura is directed to a one or two step process for producing iron carbide
which conjointly includes Fe CH Fe C, Fe C , Fe C and Fe C. We focus our attention on5 2, 2 20 9 2 2 3
4
Okamura’s two step process .
Okamura acknowledges that he has filed patent applications involving one step3
processes for producing iron carbide involving treating iron oxyhydroxides or acicular
iron oxide with CO or a mixture of CO and H at 250-400 C. (column 1, lines 5-11)
2
Okamura’s one step process in ‘414 involves contacting iron oxyhydroxides or acicular
iron oxide with a reducing and carbonizing agent containing carbon or with a mixture of
reducing and carbonizing agents containing carbon and a reducing agent containing no
carbon. In order to avoid the noted prior art, Okamura indicates that in either of these
two embodiments the sole use of CO as the reducing and carbonizing agent is
excluded. However, Okamura does indicate that in his one-step process, CO can be
used conjointly with a second reducing and carbonizing agent. (see column 3, lines 27-
29 and also Table 3, Example 23).
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