Ex parte SIMPSON et al. - Page 4




          Appeal No. 1996-1154                                                        
          Application No. 08/174,497                                                  


          over Asai in view of Green and Dale as applied to claims 1                  
          through 8 and 10, and further in view of Celio.                             
               We have carefully reviewed the specification, claims and               
          applied prior art, including all of the arguments advanced by               
          the examiner and appellants.  This review leads us to conclude              
          that the examiner’s § 103 rejections are not well founded.                  
          Accordingly, we reverse each of the foregoing rejections.  Our              
          reasons for this determination follow.                                      


               The examiner’s § 103 rejections are flawed in at least                 
          two aspects.  First, none of the references relied upon by the              
          examiner, either individually or in combination, would have                 
          suggested employing the multi-stage reactor-separator of the                
          type described in Dale in a crude silver nitrate purification               
          process.  Specifically, the examiner has not demonstrated why               
          one of ordinary skill in the art would have found a                         
          fermentation multi-stage reactor-separator for producing                    
          ethanol to be compatible with and/or useful for the crude                   
          silver nitrate purification process of Green and/or Asai.  On               
          this record, the examiner simply fails to explain why the                   
          different chemistries involved would not negate obviousness.                
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