Ex parte KANEKO et al. - Page 8




            Appeal No. 95-2746                                                                           
            Application 07/887,394                                                                       


            oxidation of the active carbon.  Patentee thereafter treats                                  
            the fiber with Fe , which results in interaction between the+2                                                                      
            Fe ions and the oxygen containing functional groups on the+2                                                                                         
            surface of the carbon, Fig. 1(b) and column 3, lines 59                                      
            through column 4, line 47.  It is this modified carbon which                                 
            is used in a gas phase adsorption process. See column 4, lines                               
            59-63 and Table 3.                                                                           
            Claim 15, however, requires an activated carbon fiber,                                       
            "with oxygen containing functional groups and an oxygen                                      
            content of about 3 to about 18% by weight based on the weight                                
            of the fiber." Based on the teachings of Oikawa, we are unable                               
            to make                                                                                      
            a positive finding either with respect to the presence of                                    
            oxygen containing functional groups or to the oxygen content                                 
            of about 3 to about 18 % by weight based on the weight of the                                
            fiber as required by claim 15.                                                               
            The oxygen containing functional groups have been                                            
            reacted with the Fe  ions such that it cannot be determined if+2                                                                    
            oxygen containing functional groups remain or how many.                                      
            Similarly, we are unable to determine the oxygen content, as                                 
            an indeterminate amount of Fe  is chemically bonded to the+2                                                       
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