Appeal No. 96-3499 Page 5
Application 08/271,569
of about 150°-250°C and under a total pressure of about 150-
400 psig. (column 2, lines 23 -29).
In Table 1 of Wiewiorowski, results from Example 1 of the
patent are reported. The examiner relies on Table 1 to show
that a leaching test was conducted at 93°C and atmospheric 2
pressure. The examiner apparently acknowledges (Answer, page
4, lines 2 and 3) that example 1 does not disclose that
tungsten was even present in the spent catalyst treated in
that particular test run. Rather, the examiner relies on
Wiewiorowski's disclosure in the abstract; columns 1-3; and
claim 8 regarding the possibility of optionally recovering
tungsten from spent catalysts as a tungstate at relatively
high temperatures and pressures. According to the examiner,
those disclosures would have suggested the here claimed
process of recovering tungsten from spent catalysts including
the steps of using an atmospheric pressure and 90EC digestion
with aqueous sodium hydroxide.
2We note that the examiner has not provided a
satisfactory explanation as to how the examiner concludes that
93°C is about 90°C (Answer, page 3).
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