Ex Parte Schlegel - Page 2

                Appeal 2007-4099                                                                               
                Application 09/962,935                                                                         
                                        STATEMENT OF THE CASE                                                  

                      The subject matter on appeal is directed to pellets based on "iron                       
                oxides and/or iron oxyhydroxides having a large specific surface area (50 to                   
                500 m2/g according to BET)…” (Specification 1, ll. 1-3).  According to page                    
                8 of the Specification:                                                                        

                             To prepare the granules according to the invention, an                            
                      aqueous suspension of fine-particle iron oxyhydroxides and/or                            
                      iron oxides is first produced according to the prior art. The                            
                      water and constituents dissolved within it can be removed                                
                      ….initially, e.g. by evaporation. A residue is obtained which in                         
                      addition to the fine-particle iron oxide and/or hydroxide also                           
                      contains the entire salt content. This residue is redispersed in                         
                      water after being dried, for which purpose only relatively little                        
                      shear force needs to be applied.  This suspension is then filtered                       
                      and the residue washed until it is substantially free from salts.                        
                      The filter cake obtained as residue is a solid to semisolid paste                        
                      which generally has a water content of between 10 and 90                                 
                      wt.%.                                                                                    
                             This can then be completely or partially dehydrated, and                          
                      the material thus obtained can then be comminuted to the                                 
                      desired shape and/or size. Alternatively the paste or filter cake,                       
                      optionally after predrying to achieve a sufficiently solid state,                        
                      can undergo shaping followed by (additional) drying until a                              
                      pellet state is achieved.  [Emphasis added.]                                             
                Further details of the appealed subject matter are recited in representative                   
                product-by-process claim 11 reproduced below:                                                  

                                                                                                              
                1 Product-by-process claims are claims directed to products defined at least1                                                                                             
                in part by process limitations.  Claim 1 is directed to a unit containing a                    
                pellet which is defined at least in part by a process limitation.                              

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Last modified: September 9, 2013