Appeal 2007-4100
Application 09/962,971
STATEMENT OF THE CASE
The subject matter on appeal is directed to pellets “based on iron
oxides and/or iron oxyhydroxides containing a small quantity of inorganic
Al and/or Mg oxides or (oxy)hydroxides as binders…” (Specification 1, ll.
2-4). These pellets are said to be prepared by adding Al, Mg, and/or
titanium oxides or (oxy)hydroxides into an aqueous suspension of iron oxide
and/or iron oxyhydroxide, including iron hydroxide, and then
either (b1) drying the suspension until it reaches a solid state
and mechanically comminuting the solid material to the desired
shape and/or size, or (b2) mechanically shaping the suspension,
optionally in the semisolid state after predrying, followed by
additional drying until a solid state is achieved. [Specification
7, ll. 6-10.] [Emphasis added.]
Further details of the appealed subject matter are recited in representative
product-by-process claim 11 reproduced below:
1. A unit suitable for the through-flow of a fluid medium at
least partially filled with an adsorbent/catalyst in pellet form
consisting essentially of iron oxide and/or oxyhydroxides
prepared from aqueous suspension, solidified with oxides
and/or (oxy)hydroxides of the elements Al, Mg and Ti.
As evidence of unpatentability of the claimed subject matter, the
Examiner has relied upon the following references:
1 Product-by-process claims are claims directed to products defined at least
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.
2
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