Appeal No. 1996-0864
Application No. 08/181,695
McHugh discloses that it is well known that “many gases
exhibit enhanced solvating power when compressed to conditions
above the critical point.” (page 1). McHugh also teaches that
“operating in the critical region both pressure and
temperature can now be used to regulate the density and,
therefore, the solvent power of a supercritical fluid” and
that it was well within the skill in the art to “fine-tune”
the solvent power of a supercritical fluid (page 5).
Therefore there would have been a reasonable expectation that
raising the pressure of the Modell process would have
increased the solubility of the inorganic salts. However, the
examiner has failed to establish what motivation or suggestion
would have led one of ordinary skill in the art to desire this
increased solubility. In re Gordon, 733 F.2d 900, 902, 221
USPQ 1125, 1127 (Fed. Cir. 1984)(“The mere fact that the prior
art could be so modified would not have made the modification
obvious unless the prior art suggested the desirability of the
modification. [Citations omitted].”). The entire disclosure
of Modell is directed to the fact that inorganic salts are
insoluble at supercritical conditions and can thus be easily
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007