Appeal No. 1996-2566
Application No. 08/107,656
THE 35 U.S.C. § 112 “DESCRIPTION REQUIREMENT” REJECTION
The claimed process for producing a solution of a basic
sulfate-containing polyaluminum chloride is defined by a
sequence of process steps including, inter alia, the formation
and feeding of a solid basic aluminum chloride into an aqueous
sulfuric solution and dissolving said solid basic aluminum
chloride therein, and “not prior to said feeding step,” heat-
treating at temperatures of 40EC to 70EC for 1 to 3 hours to
form the desired product. See steps e and f of appealed claim
12. We understand the examiner’s position to be that the
claim language “not prior to said feeding step” constitutes
“new matter” and thus this later claimed subject matter does
not enjoy written descriptive support in appellants’
application as originally filed as required by the first
paragraph of 35 U.S.C. § 112.
With reference to claimed steps e and f, the
specification indicates at page 3, lines 4-8 that
[t]he solid basic aluminum chloride is
charged into the aqueous sulfuric acid and
is dissolved therein with formation of
Al(OH) Cl (SO ) and the basic solution of
x y 4 z
aluminum chloride is subsequently heat-
treated at 40 to 70E C for 1 to 3 hours
(emphasis added).
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