Ex parte CARR et al. - Page 2




          Appeal No. 1997-1746                                                        
          Application No. 08/469,801                                                  

               The subject matter on appeal relates to a method for                   
          reacting a feed gas to produce a product and separating the                 
          product from unreacted feed gas.  This appealed subject matter              
          is adequately represented by independent claim 24, a copy of                
          which taken from the appellants’ brief is appended to this                  
          decision.                                                                   
               The following references are relied upon by the examiner               
          as evidence of obviousness:                                                 
          Gesser et al. (Gesser), “The Direct Conversion of Methane to                
          Methanol by Controlled Oxidation,” Chemical Reviews, Vol. 85,               
          No. 4, pp. 236-244 (1985).                                                  
          Tonkovich, “The Simulated Countercurrent Chromatographic                    
          Reactor and Separator, A Thesis Submitted to the Faculty of                 
          the Graduate School of the University of Minnesota,” pp. 1-210              
          (1992).                                                                     
               All of the appealed claims are rejected under 35 U.S.C.                
          § 103 as being unpatentable over the Tonkovich thesis in view               
          of Gesser.                                                                  
               All of the appealed claims also are rejected under the                 
          judicially created doctrine of obviousness-type double                      
          patenting as being unpatentable over the claims of related                  
          copending application Serial No. 08/469,685 in view of Gesser.              
                                       OPINION                                        


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