Appeal No. 2006-2234
Application No. 10/176,090
products on the boiler surface. Rumpf does not teach that the
addition of the oxime removes iron oxide deposits already formed
on the boiler surface, as presently claimed. Furthermore, Rumpf
does not teach oxime concentrations within the claimed range, at
least 300 ppb. Rather, in the portion of the reference cited by
the examiner, Rumpf teaches a MEKO concentration of 0.5 – 2.0
ppm in low pressure boiler systems but that "in high pressure
operations, with a large percentage of returned condensate, the
optimum dosage of MEKO is dramatically lower" (page 3, second
column, penultimate paragraph). Rumpf discloses that "the
successful application of MEKO at high pressure has involved
feedrates typically between 75 to 100 ppb" (id.). Manifestly,
Rumpf's optimum concentration of 75-100 ppb in high-pressure
boilers is considerably below the claimed range of at least 300
ppb. While it is a matter of obviousness for one of ordinary
skill in the art to determine the optimum value of a result
effective variable, it is not obvious for one of ordinary skill
in the art to operate outside an optimum range disclosed by the
prior art. In re Sebek, 465 F.2d 904, 907, 175 USPQ 93, 95
(CCPA 1972). As for the examiner's position that Rumpf
intrinsically or inherently removes iron oxide deposits by the
use of MEKO as an oxygen scavenger, the examiner has not
-3-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007