Appeal No. 1997-1536
Application 08/342,817
temperature treatment in step (c) would be expected to destroy
the sugar and urea leaving only carbon appellants state at
page 9 of their brief that they:
agree that "the high temperature treatment in step c of
the instant Claim 1 will destroy the sugar and urea,
leaving only the carbon."
Thus, appellants have conceded that Marten's chars and
appellants' chars would be expected to be at least essentially
the same, that is, carbon. Appellants have simply not
established on this record that the claimed process produces a
"carbonaceous char" different from or unobvious over the
"carbonaceous char" prepared by the process of Marten.
In reaching this conclusion, we have not overlooked
appellants' entreaty found on pages 9 and 10 of their brief
that "Examples 2 and 3 of the specification" show carbonaceous
chars prepared with "no impregnant", an apparent allusion to
appellants' specification, and are evidence that appellants'
process produces carbonaceous chars which are, in fact,
different from the carbonaceous chars of Marten. However, the
discussion at pages 9 and 10 is at best confusing as it is
primarily directed to a discussion of the carbonaceous chars
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