Ex Parte Olbert et al - Page 3

                Appeal 2007-0620                                                                                
                Application 10/323,626                                                                          

                Smith     US 3,807,963          Apr. 30, 1974                                                   
                Wanka    US 3,871,445          Mar. 18, 1975                                                    
                Sawada    US 5,292,904          Mar.   8, 1994                                                  
                Iwanaga    US 6,713,035 B1          Mar. 30, 2004                                               
                       Appellants request review of the following grounds of rejection under                    
                35 U.S.C. § 103(a) (Br. 4), the grounds all advanced on appeal:                                 
                claims 1 through 32 and 37 through 39 as unpatentable over Iwanaga in view                      
                of Smith (Answer 3-5); and                                                                      
                claims 33 through 36 as unpatentable over Iwanaga in view of Smith as                           
                applied to claims 1 through 32 and 37 through 39 further in view of Sawada                      
                and Wanka (id. 5-6).                                                                            
                       Appellants argue the claims of the first ground of rejection as a group                  
                as well as claim 17 separately (Br. 5 and 9).  Appellants argue the claims of                   
                the second ground of rejection as a group (id. 10).  Thus, we decide this                       
                appeal based on appealed claims 1, 17, and 33 as representative of the                          
                grounds of rejection and Appellants’ groupings of claims.  37 C.F.R.                            
                § 41.37(c)(1)(vii) (2005).                                                                      
                       With respect to claims 1 and 17, the Examiner contends Iwanaga                           
                would have disclosed the gas-phase oxidation of hydrogen chloride by                            
                means of a gas stream comprising molecular oxygen in the presence of a                          
                fixed-bed catalyst is an exothermic reaction which results in the formation of                  
                hot spots in the catalyst tubes that must be controlled  (Answer 3-4).  The                     
                Examiner contends that Iwanaga discloses “that in the industrial process, a                     
                shell-and-tube heat exchanger type fixed bed multi-tube reactor may be                          
                used” (id. 4).  The Examiner contends the difference between the claimed                        
                process and Iwanaga’s process is the latter “does not specifically disclose the                 
                                                                                                               
                deleted from this claim in the Amendment filed August 25, 2005                                  

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