Ex parte SIRKAR et al. - Page 5




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


          partial pressure gradient of the material being absorbed                    
          corresponds to appellants’ means for controlling the                        
          difference between the pressures of the gas and liquid                      
          absorbent (answer, page 5).  As pointed out by appellants                   
          (brief, page 10), their claims require means for maintaining a              
          pressure difference between the bulk gas and liquid phases.                 
          This limitation is not met by an apparatus wherein there is                 
          only a partial pressure gradient of a component through the                 
          gas phase and a concentration gradient of the component in the              
          liquid.  The closest Birbara appears to come to appellants’                 
          claimed invention is at column 4, line 61 to column 5, line 1,              
          where he discloses that the pore size must be such that any                 
          pressure gradient across the membrane does not expel the amine              
          from the pores.  This, however, is not a disclosure of a                    
          control means for maintaining a pressure gradient between the               
          gas and liquid absorbent but, rather, is merely a teaching                  
          that there can be a pressure gradient provided it is not so                 
          large that it expels the amine from the pores.                              
               The examiner argues that Birbara has the structure to                  
          meet appellants’ claims 1, 3, 4, 6-8, 10-15, 17, 18 and 21-23               


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