Appeal No. 96-1003
Application No. 08/115,791
application did not require that the separated unreacted
carbonaceous material be returned to the oxidation zone below
the point of introduction of the carbonaceous material.
Consequently, the instant appeal presents different issues
than those before the prior merits panel.
In conclusion, based on the foregoing, we will sustain
the examiner's § 112, second paragraph, rejection of claims 24
and 26-31. We will not sustain the examiner's § 112, first
and second paragraph, rejections of claims 12-23 and 25 or the
rejection of all the appealed claims under 35 U.S.C. § 103.
Accordingly, the examiner's decision rejecting the appealed
claims is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under
37 CFR § 1.136(a).
AFFIRMED-IN-PART
SHERMAN D. WINTERS )
Administrative Patent Judge )
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)
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EDWARD C. KIMLIN ) BOARD OF PATENT
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