Ex parte KETCHAM et al. - Page 13

                Appeal No. 1997-0448                                                                                                     
                Application No. 08/327,980                                                                                               

                        The examiner states, without further explanation, that “calcium molybdate ... would appear to                    

                be soluble (see the abstract).”  According to the examiner, it would have been obvious to one of                         

                ordinary skill in the art “to use lime to form soluble molybdates in the process of Barry because Sohn                   

                teaches that such use also forms soluble molybdates, eg. calcium molybdate, which are similar to the                     

                soluble molybdates formed in Barry and Vertes” (answer, page 5, para. 4).                                                

                        Assuming arguendo that calcium molybdate is water-soluble, the examiner still has not                            

                explained how one of ordinary skill in the art would have obtained molybdenum trioxide from calcium                      

                molybdate, especially given Vertes’ disclosure that calcination is not a universally applicable method of                

                converting any and all molybdates to molybdenum trioxide.  The examiner has not pointed out, and we                      

                do not find, where Barry, Vertes, Chiola and/or Sohn disclose or suggest how to obtain molybdenum                        

                trioxide from calcium molybdate.  Thus, we conclude that the examiner has not carried his burden of                      

                establishing a prima facie case of obviousness of claims 20 and 21 over Barry in view of Vertes and                      

                Chiola, taken further in view of Sohn.                                                                                   

                III.  Rejection of claims 20-21 as obvious over Barry in view of Vertes and Chiola and Sohn as                           
                applied to claims 1-7 and 10-21 above, and further in view of GB ‘472.                                                   

                        GB ‘472 discloses forming normal calcium molybdate directly without the formation of water-                      

                soluble molybdates by treating completely roasted molybdenum glance with lime, preferably at boiling                     

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