Appeal No. 1998-0305
Application 08/385,110
(col. 2, lines 3-7) teach that the liquid retention time on
each tray can be varied by changing the partition wall height,
and that in view of these teachings it would have been obvious
to one of ordinary skill in the art to optimize the partition
wall height to obtain the desired separation (answer, pages 4-
5 and 7). The examiner, however, does not explain why these
references would have led one of ordinary skill in the art to
optimize such that the partition wall height on the uppermost
baseplate is lower than on the baseplate at the lower section
of the tower. For this additional reason, we conclude that
the examiner has not carried the burden of establishing a
prima facie case of obviousness of the apparatus recited in
the appellants’ claim 7. Consequently, we reverse the
rejection of claim 7 and claims 8 and 9 which depend
therefrom.
DECISION
The rejections under 35 U.S.C. § 103 of claims 5 and 6
over Ohsol in view of Thomson, and claims 7-9 over Ohsol in
view of Thomson and either Aruga or Ellis, are reversed.
REVERSED
9
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