Ex parte SHVEIMA - Page 4




          Appeal No. 1996-2253                                       Page 4           
          Application No. 08/199,907                                                  


          heating and before continuing heating (Brief, page 4; Answer,               
          page 4).                                                                    
               The process disclosed by Pinnavaia contains no mention of              
          heating until the chromium salt-base solution reaches a                     
          specified pH level.  As pointed out by the appellant,                       
          Pinnavaia relies on time and temperature rather than on pH to               
          determine when the heating of the solution should end and when              
          the master batch is properly formed (Brief, page 4).  The                   
          claim is a process claim.  Differences in the manipulative                  
          steps of the process serve to distinguish the process from the              
          prior art.  The fact that Pinnavaia discloses time and                      
          temperatures overlapping or within the claimed range indicates              
          that the resulting product might be the same, but it does not,              
          without more, indicate that the process is suggested.  The                  
          examiner has not provided a rationale which would lead us to                
          believe that pH would be monitored in the process or that                   
          those of ordinary skill in the art understood that a very                   
          acidic pH of about 1.5 to about 2.5 could be used to determine              
          the end point of a process in which a high pH substance, i.e.               
          a base, was being added to a salt.                                          









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