Ex parte HARTMANN et al. - Page 13




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


                 recited in appealed claim 2.   In addition, we note that2                                                                                    
                 Hattori teaches a surface area of 62 m /g for “Fe O -TiO (1/9),”    2                  2  3       2                                    
                 which satisfies the claim element with respect to surface                                                                              
                 area.  As we have discussed above, Hattori teaches that the                                                                            
                 precipitated binary oxides, which have the same surface areas                                                                          
                 as the appellants’ claimed catalyst powders (appealed claims                                                                           
                 2, 5, and 9), are useful as catalysts for the decomposition of                                                                         
                 2-butanol (page 3208; Table 4, page 3212).                                                                                             
                          In contrast to the subject matter of appealed claim 2 or                                                                      
                 5, which recites a product prepared by flame hydrolysis,                                                                               
                 Hattori teaches that the disclosed binary oxides are produced                                                                          
                 by a coprecipitation method involving the steps of subjecting                                                                          
                 a mixed solution of ferric nitrate and titanium tetrachloride                                                                          
                 to hydrolysis with aqueous ammonia at a pH of 8-9 to form a                                                                            
                 precipitate, washing the precipitate with deionized water,                                                                             
                 drying the precipitate at 100EC for 20-30 hours, and then                                                                              



                          2If the percentages described for the compositions in                                                                         
                 Hattori’s Table 1 are on total molar basis, the product                                                                                
                 identified as “Fe O -TiO (1/9)” would contain about 18.2 wt.%                                                                          
                                                2  3       2                                                                                            
                 of iron oxide.  (We arrive at this calculation based on our                                                                            
                 observation that the molecular weights for Fe O  and TiO  are                    2 3               2                                   
                 159.7 g/mol and 79.9 g/mol, respectively.)  On the other hand,                                                                         
                 if the percentages are on total weight basis, the product                                                                              
                 would obviously contain 10 wt.% of iron oxide.  Either way,                                                                            
                 Hattori’s disclosed product appears to meet the claim element                                                                          
                 with respect to the iron oxide content.                                                                                                
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