Appeal No. 1996-0864
Application No. 08/181,695
examiner’s rejection of claims 1-19 and 21-28 under 35 U.S.C.
§ 103 as unpatentable over Modell is reversed.
OTHER ISSUES
Upon the return of this application to the jurisdiction
of the examiner, appellants and the examiner should consider
the patentability of the claims under 35 U.S.C. § 102(b) in
view of Example 10 of Modell. Although, as discussed above,
Modell in this example (column 22) teaches that the oxidation
reaction should be shut down in the event of high pressures,
before the oxidation reaction is shut down the operating
conditions have risen to values within the scope of the
claimed method, i.e., a temperature of about 547EC. and a
pressure of 5200 psi (column 22, lines 22-30). The examiner
and appellants should determine if all the limitations of the
claims are identically disclosed by this example of Modell,
either explicitly or inherently. In re Schreiber, 128 F.3d
1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
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