Ex Parte Howie et al - Page 6



          Appeal No. 2005-0899                                                        
          Application No. 10/058,520                                 Page 6           

          to 65 mm of mercury is employed during reaction in one disclosed            
          embodiment to obtain a substantially constant reflux with the               
          disclosure and examples of Rizzi wherein no corresponding                   
          disclosure of a substantial decrease in pressure during the                 
          reaction is provided.                                                       
               Because the examiner’s § 102(b) rejections are predicated on           
          an inherency theory which has not been satisfactorily developed             
          by the examiner, we shall not sustain the examiner’s rejections.            























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