Ex Parte BIERL et al - Page 4



            Appeal No. 1998-1157                                                    
            Application 08/278,782                                                  
                 We agree with the examiner’s understanding of the                  
            disclosure set forth in Drehman as summarized on page 4 of              
            the answer, and as further discussed on page 6 of the                   
            answer.                                                                 
                 Regarding our consideration of claim 1, on page 9 of               
            the brief, appellants argue that Drehman does not require               
            that the tin component of the catalyst be in the form of tin            
            oxide.                                                                  
                 However, as correctly pointed out by the examiner,                 
            Drehman discloses stannic oxide in Example 1 in column 3 of             
            the reference.  Also, we observe that Example 1 indicates               
            that the pellets are calcined in air.  Such an environment              
            provides for oxidation.1                                                
                 Hence, as stated on page 6 of the answer, we agree with            
            the examiner’s position that because the same materials are             
            being contacted under the same conditions, the process set              
            forth in appellants’ claim 1 is suggested by Drehman.                   
                 In view of the above, we sustain the rejection                     
            involving claims 1-3, 5-7, 9, 13, and 15-17.                            
                 With respect to claim 8, we provide the additional                 
            comments set forth below.                                               
                 On page 10 of their brief, appellants state that the               
            claimed subject matter relates to a process in which the                
            endothermic reaction catalyst and the hydrogen oxidizing                
            solid reagent are contained in separate particles.  Also, on            
            page 2 of the reply brief, appellants argue that Drehman                
            does not suggest a process that includes intermixing                    

                                                                                    
            1 We are mindful of appellants’ interpretation of Drehman’s disclosure in
            column 2 beginning at line 14.  However, we are not convinced that tin  
            cannot be in the form of tin oxide, especially because of the fact that 
            tin oxides are disclosed.                                               
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