Appeal No. 2003-1932 Page 6
Application No. 09/436,179
non-increased pH value below the alkaline magnesium hydroxide
formation range for the suspension solution prior to the pH
increasing step. In so doing, we agree with the examiner that
one of ordinary skill in the art would have been led to a non-
alkaline, non-hydroxide forming neutral pH value, such as about
7, as being appropriate for the suspension prior to the pH
raising step.
Moreover, one of ordinary skill in the art would have
reasonably arrived at a suitable increased alkaline pH, such as
the here claimed pH of about 9.5, for causing the formation of
the magnesium hydroxide. As pointed out by the examiner, Bruno
teaches that the conversion of a metal chelate compound, such as
magnesium chloride, to the hydroxide occurs at a pH of greater
than about 9. See column 9, line 40 through column 10, line 56
of Bruno. Consequently, we agree with the examiner that the here
claimed process is rendered prima facie obvious based on the
combined teachings of Bruno and Tamatani.1
1 While the examiner refers to four other references at
pages 5 and 6 of the answer, we observe that those other
references are not identified as evidence being relied upon in
the rejection before us. Consequently, we do not take the
teachings of those other references into account in assessing the
propriety of the examiner’s obviousness position.
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