Appeal No. 1996-3367 Page 5
Application No. 08/480,554
chloride wherein the molar ratio of sodium chloride to iron
chloride is reported as 0.33 (Example 2). This method
substantially corresponds to the claimed method at issue
herein wherein a sodium chloride to iron chloride ratio of
"from 0.3 to below 0.5 during the whole reaction"
(representative claim 1) is called for. According to the
examiner (answer, pages 3 and 4),
[I]t is reasonable that the ratio will stay the same
"during the whole reaction". This is so in part
because, by definition, a catalyst is not consumed
during the reaction.
We agree. It would have been prima facie obvious to one
of ordinary skill in the art to maintain the catalyst ratio as
taught by Böttger in Example 2 within the claimed range herein
during the course of the reaction. We further note that there
is no disclosure in Böttger that appellants have pointed to
which would expressly require or suggest that the catalyst
ratio of Example 2 is changed during the reaction to some
ratio outside of that claimed herein as intimated in the
brief. 3
3In so far as Böttger may be fairly construed as
disclosing a catalyst ratio within the claimed range which is
maintained during the course of reaction as noted above,
Böttger teaches all the limitations of claim 1. A disclosure
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