Ex parte SIRKAR et al. - Page 4




                     Appeal No. 1997-1733                                                                                                                                              
                     Application 08/248,062                                                                                                                                            


                     rejected under 35 U.S.C. § 102(e) as being anticipated by                                                                                                         
                     Birbara.  Claims 5 and 19 stand rejected under 35 U.S.C. § 103                                                                                                    
                     as being obvious over Birbara in view of Schofield, and claims                                                                                                    
                     9, 16 and 20 stand rejected under 35 U.S.C. § 103 as being                                                                                                        
                     obvious over Birbara in view of Babcock.1                                                                                                                         
                                                                                   OPINION                                                                                             
                                We have carefully considered all of the arguments                                                                                                      
                     advanced by appellants and the examiner and agree with                                                                                                            
                     appellants that the aforementioned rejections are not well                                                                                                        
                     founded.  Accordingly, we reverse these rejections.                                                                                                               
                                Both of appellants’ independent claims require a pressure                                                                                              
                     control means for maintaining a difference in pressure between                                                                                                    
                     the gas and liquid absorbent within a range so that an                                                                                                            
                     interface between the gas and liquid absorbent is immobilized                                                                                                     
                     at a membrane separating the gas and the liquid absorbent.                                                                                                        
                                The examiner argues that whatever produces Birbara’s                                                                                                   



                                1 The statement of the rejection over Birbara in view of                                                                                               
                     Babcock in the answer states that the rejection is of claims                                                                                                      
                     9-16 and 20 rather than claims 9, 16 and 20 as stated in the                                                                                                      
                     final answer, we consider the “9-16” to be a typographical                                                                                                        
                     error and the rejection to be of claims 9, 16 and 20 as stated                                                                                                    
                     in the final rejection.                                                                                                                                           
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