Ex parte HOCK et al. - Page 8




                Appeal No. 1997-1093                                                                                                            
                Application No. 08/272,281                                                                                                      


                Markush group of claim 1 does not include a combination of one or more the recited                                              
                adsorbent.                                                                                                                      
                                                             CONCLUSION                                                                        
                         To summarize, the decisions of the examiner to reject claims 1-3, 5, 7, 9, and                                         
                11-13 under 35 U.S.C. § 103 as being unpatentable over Kotitschke in view of Mathews                                            
                and to reject claims 8, 10 and 14 under 35 U.S.C. § 103 as being unpatentable over                                              
                Kotitschke in view of Mathews as applied to claims 1-3, 5, 7, 9, and 11-13, and further in                                      
                view of Rose are reversed.                                                                                                      
                                                                REVERSED                                                                        






                                          SHERMAN D. WINTERS                                 )                                                  
                                          Administrative Patent Judge                        )                                                  
                                                                                             )                                                  
                                                                                             )                                                  
                                                                                             )                                                  
                                                                                             ) BOARD OF PATENT                                  
                                          CAROL A. SPIEGEL                                   )        APPEALS                                   
                                          Administrative Patent Judge                        )           AND                                    
                                                                                             )  INTERFERENCES                                   
                                                                                             )                                                  
                                                                                             )                                                  
                                                                                             )                                                  
                                          DONALD E. ADAMS                                    )                                                  
                                          Administrative Patent Judge                        )                                                  

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