Appeal No. 2000-0002
Application 08/848,477
dictionaries as red iron ore or iron oxide containing
impurities.
However, the claims are directed to an "iron-rich
residue" which is an "hematite complex" and not hematite, per
se. Thus, the claims are directed to a residue, which is a
complex of iron oxide with other components derived from the
method by which the product is prepared. The examiner
acknowledges at page 6 of his Answer that McElroy does not
"explicitly disclose a product comprised of iron, sodium,
potassium and magnesium." Coupled with the examiner's
admission that McElroy prepares his products using a different
method than claimed we find no basis on which the examiner
could have reasonably presumed that McElroy either describes,
in the sense of 35 U.S.C. § 102, or would have rendered
obvious, in the sense of 35 U.S.C. § 103, the subject matter
claimed by appellant.
OBVIOUSNESS-TYPE DOUBLE PATENTING
The examiner has concluded that the claims of appellant's
earlier issued patent, of which application this application
is a voluntarily filed continuation, are directed to a process
for recovery of metal values from electric arc flue dust,
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