Ex parte STEPHENS - Page 9




              Appeal No.  96-2884                                                                                           
              Application No. 08/181,997                                                                                    

              iron oxide, which form more readily converts to iron carbide.  In the second step the hematite                

              form of iron oxide, Fe O , is treated with a five species gas system, CO, CO  CH H and2  3                                                   2,   4 , 2,                 
              H O, to directly convert Fe O  to iron carbide.  Stephens employs a fluidized bed as his2                        2  3                                                                             
              reactor in his conversion processes.                                                                          


              The rejections                                                                                                
              III.           Claims 1, 5, 6, 9, 14, 15, 18 and 19 stand rejected under 35 U.S.C. 102(b) as                  
              anticipated by Okamura.  We reverse this rejection.                                                           
                             The examiner contends that Okamura teaches reducing an iron feed free of                       
              iron carbide with hydrogen gas then with methane and/or CO and/or hydrogen.  The                              
              examiner’s contention is a short hand explanation which basically would indicate that                         
              Okamura describes seven different gas or gas combinations.   According to the examiner,                       
              Okamura describes  the use of (1) methane alone, (2) carbon monoxide alone, (3) hydrogen                      
              alone, (4) the combination of methane and carbon monoxide, (5) the combination of carbon                      
              monoxide and hydrogen, (6) the combination of methane and hydrogen and (7) the                                
              combination of methane, carbon monoxide and hydrogen as the gas or gases in the second                        
              step of his process.  We focus our attention of gas combination (7) with respect to claim 1                   
              and the rejection before us since claim 1 requires in the second step a combination of gases,                 
              to include, (a) carbon monoxide, hydrogen and methane (b) carbon dioxide, hydrogen and                        
              methane and (c) carbon monoxide, carbon dioxide, hydrogen and methane.                                        

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