Appeal 2007-4099
Application 09/962,935
Therefore, based on the factual findings set forth in the Answer and
above, we determine that the preponderance of evidence weighs most
heavily in favor of obviousness of the subject matter recited in claims 7, 8,
20, and 21 within the meaning of 35 U.S.C. § 103.
As to the § 103 rejection based on Benjamin and Klabunde, the
Appellant has not challenged the Examiner’s finding at pages 4-5 of the
Answer that:
Benjamin discloses a waterwork including a water treatment
plant (col. 5, lines 21-22; and col. 14, lines 44-45) having an
adsorbent unit containing a granular composition of iron oxide
and magnesium oxide (see col. 14, lines 65 and 68).
Accordingly, this primary reference discloses the claimed
invention with the exception of the use of agglomerated
particles (pellets). Klabunde discloses agglomerated fine
particles (pellets) of the type recited, and further teaches that
such pellets make the adsorbent "easier to handle" (col. 11,
lines 44-45).
Notwithstanding the Appellant's arguments to the contrary at page 14 of the
Brief, we find that Klabunde as a whole would have suggested pelletizing
the particles of the type discussed in Benjamin. Specifically, we find that
Klabunde teaches (col. 11, ll. 34 to 67) that:
The data from Table 5 provides further evidence that a
higher surface area/unit mass is obtained when the hydroxide is
activated in pellet form. This is beneficial, as storage of
palletized, rather than powder, hydroxide is more convenient
due to its lower volume….Overall the palletizing is very
beneficial as it preserves surface area/unit mass, decreases the
volume, and minimizes the static nature of the powder, making
it easier to handle the adsorbent.
…
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