Appeal 2007-4099
Application 09/962,935
1. A unit suitable for the through-flow of a fluid medium at
least partially filled with particles agglomerated from fine-particle
iron oxide and/or iron oxyhydroxide which agglomerated particles
were prepared from an aqueous suspension, wherein the fine-particle
iron oxide and/or iron oxyhydroxide displays a particle size of up to
500 nm and a BET surface area of 50 to 500 m2/g.
As evidence of unpatentability of the claimed subject matter, the
Examiner has relied upon the following references:
Benjamin US 5,369,072 Nov. 29, 1994
Klabunde US 6,093,236 Jul. 25, 2000
The Examiner has rejected the claims on appeal as follows:
1. Claims 1 through 4 and 19 under 35 U.S.C. § 102(b) as
anticipated by the disclosure of Klabunde (Answer 3).
2. Claims 7, 8, 20, and 21 under 35 U.S.C. § 103(a) as anticipated
by the disclosure of Klabunde (Answer 3).
3. Claims 5 and 6 under 35 U.S.C. § 103(a) as unpatentable over
the combined disclosures of Benjamin and Klabunde (Answer 4-5).
The Appellant appeals from the Examiner’s decision rejecting the
claims on appeal under 35 U.S.C. §§ 102(b) and 103(a).
The appealed subject matter in the above-identified application is
somewhat similar to those in the Appellant's copending Applications
09/962,887 filed September 25, 2001 (Appeal No. 2007-4098), 09/962,971
filed September 25, 2001 (Appeal No. 2007-4100), and 09/962,972 filed
September 25, 2001 (Appeal No. 2007-4101). Accordingly, we will
consider and decide the propriety of the Examiner’s rejections directed to the
appealed subject matter in the present and copending applications
concurrently.
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