Ex parte KANEKO et al. - Page 9




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


            oxygen containing functional group and constitutes a part of                                 
            the active carbon.                                                                           
            Nor can we state that active carbon in the form of fiber                                     
            which "consists essentially of pitch-based oxidized activated                                
            carbon fiber" as specified in claim 15, includes a fiber which                               
            has been after treated with Fe  ion so as to function in a+2                                                      
            chemically distinct manner.  Hence, the disclosure of Oikawa                                 
            is not sufficient to teach the oxygen content limitations of                                 
            claim 15 also omitted by Matsuo, the primary reference relied                                
            upon by the examiner.                                                                        
            Finally, we agree with appellants' analysis of the                                           
            teachings of van Montfoort in appellants' Brief, in the                                      
            paragraph bridging pages 12 and 13.  The reference is not only                               
            drawn to non-analogous art, it also fails to state the oxygen                                
            content of the activated carbon fiber.  Van Montfoort subjects                               
            activated carbon fiber to oxidation, but thereafter deposits                                 
            catalytically                                                                                
            active metal on the activated carbon support and utilizes it                                 
            in entirely distinct processes.  The person having ordinary                                  
            skill in the art at the time the invention was made would have                               
            had no reason to look to the teachings of van Montfoort or                                   
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