Appeal No. 2000-1019
Application No. 08/623,852
value insoluble. See Claim 1. . . . Conversely, the
reducing agent in Bender reduces manganese from Mn4+ to
Mn2+ enabling it to form MnCl2 or MnSO4, depending on
the solution, which is soluble in the leach. See
Bender, 5:60-64 (Brief, Paper No. 16, page 13).
Fifth, the appellants argue that neither Bender nor Pazdej
teaches the desirability of using a sulfuric acid solution
containing hydrofluoric acid. The appellants state that
Bender does not teach or suggest the use of a
sulfuric acid solution containing hydrofluoric acid. .
. . However, the Examiner cited Pazdej as teaching the
use of sulfuric acid and hydrofluoric acid to
solubilize metals. . . .
[T]he claims of Pazdej never even mention
hydrofluoric acid. . . .
The only disclosure in Pazdej that suggests the
use of sulfuric acid and hydrofluoric acid is found in
the figures. See Pazdej, Figures 1-2. . . . [T]he
Pazdej specification does not indicate the function of
the hydrofluoric acid stream.
The disclosure of Pazdej would not suggest to a
person of ordinary skill in the art that hydrofluoric
acid may be added to a sulfuric acid solution to place
fluoride ions into solution in order to precipitate
undesirable metal values (Brief, Paper No. 16, pages 13
through 14).
After careful review of the examiner’s and the appellants’
arguments, we will sustain the examiner’s rejection. Regarding
the appellants’ first argument, a plain reading of claim 1 does
not require that the reducing agent and the carbon source be
different materials. Thus, the carbonaceous material in Bender
can be both a reductant and a carbon source within the meaning of
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