Ex Parte Tustin et al - Page 5

                Appeal 2007-2208                                                                                   
                Application 10/650,510                                                                             

                       In this regard, Appellants counter with the contention that the                             
                disclosure of Maroldo is too ambiguous with regard to the formation or use                         
                of a specific size range of particles, as claimed, to be suggestive of the                         
                claimed subject matter.  We disagree.  Given the full disclosure of Maroldo,                       
                one of ordinary skill in the art would have been led to form the                                   
                polysulfonated polymer particles of a size to be useful for the disclosed                          
                purposes of forming same.  As such, the ordinarily skilled artisan would                           
                have determined and made the treated polymer beads in particle sizes that                          
                are suitable for using the particles as an adsorbent or catalyst support in                        
                typical contacting beds arranged for such purposes. For example, one of                            
                ordinary skill in the art would have generally made the particles of smaller                       
                size when the adsorbent or catalyst use was to be performed in a typical                           
                fluidized or entrained bed, as opposed to a fixed bed.  This is so because one                     
                of ordinary skill in the art would have had some skill in carrying out routine                     
                experimentation and recognized the need for making particle sizes useful in                        
                such typical contacting beds.  In so doing, we have no doubt that one of                           
                ordinary skill in the art would have been led to make the carbonized                               
                (pyrolyzed) polysulfonated vinylaromatic polymer particles of Maroldo in a                         
                size suitable for fluidization as one option and in so doing arrive at particle                    
                sizes corresponding to the representative claim 1 particle sizes.2                                 
                       We recognize that Maroldo also presented Example 1 wherein a                                
                somewhat larger particle sized polymer bead was used for polysulfonation                           
                                                                                                                  
                (Answer 5).   However, we need not concern ourselves with this statement of                        
                the Examiner in light of our findings above.                                                       
                2  We note, for example, that Maroldo discloses that the polymer particles                         
                can be fluidized during the pyrolysis treatment thereof (col. 5, ll. 16-18).                       
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