Appeal No. 1997-1536
Application 08/342,817
catalytically active carbonaceous chars by carbonizing
bituminous materials, oxidizing the carbonized material and
contacting the carbonized and oxidized material with a
nitrogen-containing compound (urea) and an "organic aliphatic
ether-alcohol compound." Claim 6 claims the "organic
aliphatic ether-alcohol compound" to be polyoxyethylene
glycol.
While we do not believe sugars would be denoted to the
skilled organic chemist by the claim language "organic
aliphatic ether-alcohol compound", in column 3, lines 6 and 7,
appellants have defined said term as embracing "saccharides,
such as sucrose and ribose." Accordingly, the examiner and
appellants should consider whether claims 1 through 11 are
patentable over the claims of appellants' U.S. Patent Number
5,827,795 based on the judicially created doctrine of
obviousness double patenting.
SUMMARY
The decision of the examiner rejecting claim 5 under
35 U.S.C. § 112, second paragraph, is affirmed. The
examiner's decision rejecting claims 1 through 11 under 35
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