Ex parte DELMAS - Page 10




          Appeal No. 1999-1810                                                        
          Application 08/288,433                                                      


          brine contains ammonium.  However, Filippone teaches that                   
          brine obtained from seawater or rock salt contains both iodide              
          and ammonium (col. 1, lines 13-19; col. 1, line 67 - col. 2,                
          line 4).  Thus, it reasonably appears that Keating’s salt                   
          solution and brine necessarily contain ammonium.  If ammonium               
          is not necessarily present in Keating’s salt solution or                    
          brine, then the general disclosure by Keating that a salt                   
          solution or brine is used would have led one of ordinary skill              
          in the art to use any common salt solution or brine including               
          one obtained from ammonium-containing rock salt or sea water.               
               The examiner argues that when Keating’s barium periodate               
          deposits in the membrane, it is separated from the salt                     
          solution or brine (answer, page 5).  The appellant’s                        
          specification does not limit the term “separating” in the                   
          appellant’s claim 1.  Thus, when we give this term its                      
          broadest reasonable interpretation in view of the                           
          specification, see In re Zletz, 893 F.2d 319, 321, 13 USPQ2d                
          1320, 1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544, 1548,              
          218 USPQ 385, 388 (Fed. Cir. 1983), we conclude that it                     
          encompasses separation by deposition in a membrane as                       


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