Ex parte BOND et al. - Page 5




                 Appeal No. 1996-0864                                                                                                                   
                 Application No. 08/181,695                                                                                                             


                          Although the examiner is correct in stating that Modell                                                                       
                 does not specifically teach an upper pressure limitation,  the                                        3                                
                 disclosure as a whole is directed to pressures of 3200-4200                                                                            
                 psia (the corrosion tests run in column 10, lines 32-43, to                                                                            
                 test the limits of the reactor), with examples run at                                                                                  
                 pressures of 3200 to 4000 psia (see Examples 1 through 9).                                                                             
                 Example 10 of Modell specifically teaches that when the                                                                                
                 oxidation reaction pressure began to climb to 5200 psi at                                                                              
                 547EC. (a temperature and pressure within the claimed values),                                                                         
                 the “feed, hydroxide, and water flows were shut off.                                                                                   
                 Pressures slowly dropped off as the system was dried with hot                                                                          
                 nitrogen for an hour and a half.” (column 22, lines 27-32).                                                                            
                 Modell does disclose that higher pressures can be used in the                                                                          
                 supercritical region (see Figure 4 and column 8, lines 32-49)                                                                          
                 but in all cases Modell uses pressures below those in the                                                                              
                 supercritical region (see lines (1) through (4) in Figure 4).                                                                          




                          3See column 3, lines 27-28, where the oxidation is at “a                                                                      
                 pressure of at least 3200 psia.”; column 3, line 45, “high                                                                             
                 pressures (above 200 atmospheres)”; column 26, line 6, “thus                                                                           
                 always at least 220 atmospheres.”; and claim 1, last two                                                                               
                 lines.                                                                                                                                 
                                                                           5                                                                            





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