Appeal No. 2000-1849
Application No. 08/988,481
evidence of record which supports the examiner's position that
one of ordinary skill in the art would have interpreted Jones
as meaning that nitrates may be eliminated from the glass
composition. In our view, appellants' position is reasonable
that "using manganese oxide with nitrates provides a level of
selenium retention greater than that provided using nitrates
alone" (page 6 of Brief, first full paragraph), particularly
in light of the supporting affidavit by patentee Jones.
The examiner's reliance on Barrett for the teaching that
"the addition of sodium nitrate causes the generation of
oxides of nitrogen which are air pollutants" (page 4 of
Answer, last sentence), although providing motivation for
eliminating nitrates, does not remedy the deficiency in Jones
argued by appellants and discussed above.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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