Ex parte HARTMANN et al. - Page 8




          Appeal No. 1997-1793                                                        
          Application No. 08/528,044                                                  


          dioxide-mixed oxides, which are described as being suitable in              
          the production of thermal insulation materials, to make the                 
          Fe O -TiO  binary oxide 2-butanol decomposition catalysts of                
            23    2                                                                   
          Hattori so as to arrive at the appellants’ claimed subject                  
          matter.  Additionally, we disagree with the examiner’s                      
          conclusion (answer, page 8) that the teachings of the applied               
          prior art references provide the requisite reasonable                       
          expectation of success in modifying Hattori as proposed by the              
          examiner.  In this regard, we note that the chemical and                    
          physical properties of Kleinschmit’s product, which is                      
          suitable for making thermal insulation materials, are                       
          completely different from those of Hattori’s 2-butanol                      
          decomposition catalyst.  Unlike Hattori’s catalyst,                         
          Kleinschmit’s materials must necessarily contain a major                    
          amount of silicon dioxide in combination with minor amounts of              
          zirconium dioxide, iron oxide, or titanium dioxide.  Under                  
          these circumstances, it cannot be said that one of ordinary                 
          skill in the art would have had a reasonable expectation of                 
          success in using Kleinschmit’s                                              
          pyrogenic process, which is specifically limited to particular              
          silicon dioxide mixed oxides useful for preparing thermal                   
          insulation materials, in the production of the specific 2-                  
          butanol decomposition catalysts (e.g., Fe O -TiO ) described in             
                                                   2 3   2                            

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007