Appeal 2006-3270
Application 10/369,089
10). Alvarez also discloses that re-activation can be accomplished by
heating the absorbent in an anhydrous inert gas atmosphere (e.g., N2 or Ar
gas) at a temperature of about 250°-425° C. (480° -800°F.) for about 48-72
hours in a nitrogen atmosphere (col. 10, ll. 16-20).
Schulze describes a process for treating absorbent catalysts with
gaseous acid such as halogen halides to increase and improve the activity of
the catalyst (p. 1, left col., ll. 1-39). Schulze discloses the gaseous acid can
be partially or completely saturated with water vapor at the temperature of
treatment (p. 1, left col., ll. 42-45). Schulze discloses the operating
temperature of the gases treatment can range from 200°-500°C (p. 1, right
col., ll. 9-40).
Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a
determination of: (1) the scope and content of the prior art; (2) the
differences between the claimed subject matter and the prior art; (3) the level
of ordinary skill in the art; and (4) secondary considerations. Graham v.
John Deere Co. of Kansas City, 383 U.S. 1, 17-18, 148 USPQ 459, 467
(1966). “[A]nalysis [of whether the subject matter of a claim is obvious]
need not seek out precise teachings directed to the specific subject matter of
the challenged claim, for a court can take account of the inferences and
creative steps that a person of ordinary skill in the art would employ.” KSR
Int’l v. Teleflex, Inc., 127 S. Ct. 1727, 1740-41, 82 USPQ2d 1385, 1396
(2007) quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed.
Cir. 2006); see also DyStar Textilfarben GmbH & Co. Deutschland KG v.
C.H. Patrick Co., 464 F.3d 1356, 1361, 80 USPQ2d 1641, 1645 (Fed. Cir.
2006) (“The motivation need not be found in the references sought to be
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