Ex Parte SELDESLACHTS - Page 5



                Appeal 2007-0295                                                                                
                Application 09/051,565                                                                          

                       (4) Perry teaches the advantages and disadvantages of packed                             
                          columns and plate columns (pp. 18-19 to 18-22);                                       
                       (5) Perry teaches that the typical packed column is randomly filled                      
                          with packing material, operated under counterflow conditions,                         
                          with a support plate for the packing material, and a liquid-                          
                          distributing device to provide effective irrigation of the packing                    
                          (p. 18-19);                                                                           
                       (6) Perry discloses various types of support plates, including ones                      
                          with corrugations and orifices (pp. 18-25 to 18-27; Figures 18-46                     
                          to 18-48) whereby with countercurrent type of support plate the                       
                          free area for gas flow can range up to 90% of the column cross-                       
                          sectional area (p. 18-26); and                                                        
                       (7) Perry discloses various types of liquid distributors, desiring a                     
                          device that “spreads the liquid uniformly across the top of the                       
                          packing” (p. 18-27), including an orifice-type distributor with a                     
                          plurality of orifices (perforations) and chimneys (risers) (p. 18-28;                 
                          see Figure 18-51).                                                                    
                       It is axiomatic that admitted prior art in an applicant’s specification                  
                may be used in determining the patentability of a claimed invention.  See                       
                In re Nomiya, 509 F.2d 566, 570-71, 184 USPQ 607, 611-12 (CCPA 1975).                           
                It is also axiomatic that consideration of the prior art cited by the Examiner                  
                may include consideration of the admitted prior art found in an applicant’s                     
                specification.  See In re Davis, 305 F.2d 501, 503, 134 USPQ 256, 258                           

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