Appeal No. 1997-0545
Application 08/224,063
appellants to include “those temperatures (about 10°C to about 50°C) . . . typically encountered in the
environment” (id., page 7) which, of course, is a different temperature range than obtained with the
exemplified intentional addition of steam heat in appellants’ definition.
Accordingly, we find that one of ordinary skill in this art would reasonably have interpreted the
term “externally supplied heat” from the definitions in appellants’ specification to specify the intentional
application of heat above about 50°C, the highest “ambient” temperature, which heat is not generated
by the subject exothermic reaction. Indeed, we find in this respect, that heating the reaction mixture to
about 50°C by maintaining the ingredients in an environment having this temperature is equivalent to
heating the ingredients separately or combined to about 50°C, and thus such “heating” is not included
within the definition of “externally supplied heat.” However, the term as defined would include heating
by any means one or both of the alkali metal containing ingredients to a temperature greater than about
50°C prior to mixing wherein the initial temperature of the resulting mixture is greater than about 50°C.
Applying Schumann to the claimed process encompassed by claim 92 as we have interpreted
this claim above, we must agree with the examiner that, prima facie, the claimed process is anticipated
by or, in the alternative, obvious over the process disclosed in Schumann (answer, pages 4-7). See,
e.g., In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re Spada,
911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990). Indeed, Schumann discloses
processes for preparing solid cast alkaline compositions which include the step of reacting an alkali
metal silicate with alkali metal hydroxide in an aqueous environment wherein the reaction mixture is
initially heated to “45 to 48° C without influencing the thereby occurring self-actuated heating to 60 to
65° C” (page 8; see also, e.g., pages 1 and 2). In Schumann Example 1 (page 9), the reaction mixture
is initially heated “to about 45°C.” Because the initial heating disclosed by Schumann is within
“ambient” conditions as defined by appellants and such heating is without influence on the “self-actuated
heating,” that is, heat from the exothermic reaction, it is not “externally supplied heat” as defined by
appellants. Accordingly, we find, as a matter of fact, that, prima facie, each and every element of the
claimed process encompassed by appealed claim 92 is found in Schumann and thus claim 92 is
anticipated under § 102(b). Spada, supra. Furthermore, the lack of novelty of the claimed process
encompassed by claim 92 as evinced by Schumann is, of course, “the ultimate of obviousness,” and thus
- 4 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007