Appeal No. 1998-0548
Application No. 08/498,845
through 44 of Mitsui (represented by circles) are compared with Examples 1a through 1c
of the subject specification (adjusted to show integral selectivity and represented by a
dotted line).
The examiner considers this showing to be deficient in a number of respects. First,
the examiner believes that the showing does not fully represent the Mitsui disclosure
because the showing involves only three Examples out of the ninety seven Examples of the
Mitsui reference. Additionally, the tested methods in the appellants' showing include
parameters not required by the appealed claims or by Mitsui's teaching.
In our view, the examiner's above noted concerns regarding appellants' showing
have merit. For example, as correctly indicated by the examiner, the tested methods of the
proffered showing include the use of zinc chloride which is not required by either the
appellants' claims or by the disclosure of Mitsui. For all we know, when the methods of the
appellants and Mitsui are practiced without this component, the results of these respective
methods are comparable to one another. Analogous reasoning applies to a number of the
other parameters (e.g., temperatures, pressures, times, concentrations) employed in the
inventive and comparison methods of the appellants' showing.
In essence, the appellants' showing is deficient because its relatively very narrow
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