Appeal No. 95-4216
Application 08/035,076
“[t]he formulation can be a suspension rather than a solution,
if the concentration of the copper compound is high or if the
copper compound is but slightly soluble” (specification, page
6, lines 11-14). Appellants also state that “[t]he solution
of the copper compound may be an aqueous solution”
(specification, page 6, lines 15-16) and that “[i]n addition
to this solution of a copper compound, it is also possible to
add powdered copper, a powdered copper compound or fresh
catalyst containing copper” (specification, page 6, lines 24-
27).
The above statement that if the concentration of the
copper compound is high or if the copper compound is only
slightly soluble, the copper compound is suspended rather than
being in solution, indicates that the suspension recited in
appellants’ claims is a suspension in a liquid, and not a
suspension in a gas. Thus, this teaching indicates that
“suspension of a catalytically active copper compound” in
appellants’ claim 17 and “suspension of a catalytically
reactive copper compound” in appellants’ claim 29 do not
encompass oxychlorination catalyst particles suspended in a
fluidized bed. That is, this teaching indicates that the
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