Appeal No. 2006-2234
Application No. 10/176,090
established the inherency of removing iron deposits when
operating outside the optimum range disclosed by Rumpf.
Accordingly, based on the foregoing, we are constrained to
reverse the examiner's rejection.
We remand this application to the examiner for further
consideration of a rejection. Upon return of this application
to the examiner, the examiner should consider the obviousness of
the claimed subject matter over the U.S. Patent to Weiss et al.
cited in appellants' specification (U.S. Patent No. 4,487,745).
As acknowledged by appellants, Weiss et al. discloses the
addition of oximes, like MEKO, to high-pressure boilers for
scavenging oxygen and inhibiting the corrosion of metal
surfaces. Also, the concentration of oximes disclosed by Weiss
et al. encompasses the claimed concentration. Accordingly, the
examiner should consider whether the Weiss et al. disclosure
establishes a prima facie case of obviousness for the claimed
process, notwithstanding that Weiss et al. does not teach
removing iron oxide deposits from the boiler's metallic surface.
Also, we note that the Rondum Declaration under 37 CFR § 1.132
gives results for a MEKO concentration of about 600 ppb, which
is twice the amount of the claimed lower limit of 300 ppb.
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