Ex parte MATVIYA et al. - Page 10




          Appeal No. 1997-1536                                                        
          Application 08/342,817                                                      



          carbonaceous char having significant catalytic properties                   
          wherein the char is produced directly from an inexpensive and               
          abundant nitrogen-poor feedstock such as bituminous coal                    
          (column 2, lines 34 through 49).  The feedstock material is                 
          pulverized and mixed, if necessary, with a binder material and              
          then extensively oxidized with an inexpensive abundant oxidant              
          such as air at temperatures less than 700EC until additional                
          gains in catalytic activity of the final product are no longer              
          evident (column 2, lines 50 through 65).  The char is then                  
          exposed to an inexpensive abundant non-toxic nitrogen-                      
          containing compound such as urea during the initial                         
          calcination by heating the char to between 850EC and 950EC in               
          the presence of the nitrogen-containing compound (column 2,                 
          line 66 through column 3, line 16).  The nitrogen-treated char              
          is then activated at temperatures above 700EC in steam and/or               
          carbon dioxide (column 3, lines 17 through 31).                             
                         THE REJECTION UNDER 35 U.S.C. § 112                          
               It is the examiner's position, as stated at page 3 of his              
          Answer, that the claim terminology in claim 5 which defines                 
          the nitrogen-containing compound of claim 1 in terms of its                 

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