Ex parte WOLD - Page 5




          Appeal No. 1998-2349                                                        
          Application 08/586,874                                                      


          above, would be prevention of reduction of the iron by high-                
          activated carbon, so that iron could be removed effectively by              
          the anion exchange resin and high-activated carbon could be                 
          used to remove the chlorine.                                                
               Appellant argues that one of ordinary skill in the art,                
          when carrying out appellant’s method, would not use a strong                
          basic anion exchange resin which is known to be susceptible to              
          damage by chlorine but, rather, would use an ion exchange                   
          resin which would remove the iron without being damaged by                  
          chlorine (brief, pages 5-6; reply brief, page 3).  Appellant                
          does not disclose what ion exchange resin is used in his                    
          method, but, rather, merely states that the iron is removed,                
          preferably by filtration and ion exchange (specification,                   
          page 2).  If those of ordinary skill in the art knew, as                    
          appellant argues, of resins which effectively remove iron                   
          without being damaged by chlorine, then the disclosure of                   
          partial loss of exchange capacity by Takatomi would have led                
          them to use such a resin instead of Takatomi’s strong basis                 
          anion exchange resin.  See In re Nomiya, 509 F.2d 566, 572,                 
          184 USPQ 607, 613 (CCPA 1975).  Appellant’s claimed invention,              


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