Appeal No. 95-2746
Application 07/887,394
19-27 under 35 U.S.C. § 103 as unpatentable over Matsuo in
view of Oikawa and van Montfoort.
It is understood that appellants in their Brief have
separately argued the patentability of dependent claims 16 and
27. In contrast to appellants' position, our decision is
based upon issues which, in our analysis, are common to and
shared by each of the claims before us. Accordingly, we do
not find it
necessary to separately discuss claims 16 and 27. We will,
therefore, substantially confine our discussion to that of
claim 15.
Matsuo teaches a gas phase adsorptive process wherein
the adsorptive material is an active carbon fiber, column 3,
line 39-40. The active carbon fiber may be prepared from
petroleum pitch fiber, column 5, lines 32-42, and in
particular, line 37. Matsuo teaches neither the specific
surface area, nor the oxygen content required by claim 15. In
this respect, we do not agree with the examiner's position
that the adsorption of ozone at a concentration of 1 ppm,
Matsuo, Table 5, bridging columns 11 and 12, would inherently
produce the oxygen content required by claim 15. Compare the
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