Ex parte SCHON - Page 10




             Appeal No. 1996-2320                                                                                 
             Application 08/221,224                                                                               


             (col. 1, lines 3-4).  Guertin’s R can be C  alkyl, which                                             
                                                                     1-20                                         
             encompasses C , and Guertin’s X can be hydrogen (col. 1,                                             
                              1-6                                                                                 
             lines 52-55).                                                                                        


                    Claim 9: Guertin’s temperature range is about -10 to                                          
             about 50EC (col. 1, lines 40-41).                                                                    
                    Claim 10: Guertin’s feed rate range is at least about                                         
             0.005 lbmole/hr-ft , preferably about 0.005 to about3                                                                            
             0.03 lbmole/hr-ft  (col. 3, lines 40-46).  Depending on the3                                                                             
             length of the reactor, this range may be lower than                                                  
             appellant’s recited range of about 0.5 to about 8.0 lbmole/hr-                                       
             ft .  However, the teaching by Koch that use of a static mixer2                                                                                                 
             provides “consistent, predictable mixing performance,                                                
             regardless of flow rate or equipment dimensions” (page 2)                                            
             would have fairly suggested, to one of ordinary skill in the                                         
             art, using higher feed rates, such as those recited by                                               
             appellant, when Guertin’s reactor contains a static mixer.                                           
                    Claim 11: Guertin teaches that R can be methyl (col. 1,                                       
             line 55).                                                                                            
                    Claim 12: Appellant’s statement that the product is                                           
             predominantly alkyl sulfonyl chloride when made at a                                                 
                                                      -10-10                                                      





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