Ex Parte Bosmans et al - Page 10


          Appeal No. 2004-0804                                                        
          Application No. 09/757,886                                                  

          workable ratios for the types of downcomers described in EP                 
          ’262.  Accordingly, the appellants’ reliance on the textbook                
          reference discussion is misplaced.                                          
               Because the appellants have not successfully rebutted the              
          examiner’s prima facie case of obviousness, we affirm this                  
          ground of rejection.                                                        

                        IV. Claim 6 under 35 U.S.C. § 103(a)                          
                              over EP ’262 and Jenkins                                
               Regarding appealed claim 6, the appellants rely on the same            
          argument as they did for appealed claim 3.  Accordingly, we                 
          affirm this ground of rejection for the same reasons set forth              
          above with respect to appealed claim 3.                                     

            V. Claims 9 & 10 under 35 U.S.C. § 103(a) over WO ’621 or EP              
                        ’262 in view of either Sampath or Yu                          
               Regarding appealed claim 9, the appellants rely on the same            
          arguments as they did for appealed claims 3 and 7.  Accordingly,            
          we affirm this rejection for the same reasons set forth above               
          with respect to appealed claims 3 and 7.                                    



                                                                                     
               5  Contrary to the appellants’ representation (appeal brief,           
          p. 4), an excerpt of this reference has not been enclosed with              

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