Ex Parte Olbert et al - Page 15

                Appeal 2007-0620                                                                                
                Application 10/323,626                                                                          

                2 correspond to an embodiment encompassed by claim 1 illustrated in                             
                Specification Figs. 2 and 2A.                                                                   
                       With respect to claim 17, we agree with Appellants that Smith does                       
                not disclose whether the baffle plates are secured to the catalyst tubes.                       
                However, Iwanaga teaches that the partition plates, which control heat                          
                exchange medium flow similar to baffle plates and both types of plates are                      
                affixed to the reactor wall, can optionally be attached to the catalyst tubes by                
                welding.  In this respect, Iwanaga further teaches that where not attached,                     
                the gap between the plate and the tube must not substantially prevent                           
                independent circulation between the partitioned sections of the reactor.                        
                Thus, we agree with the Examiner that it is within the ordinary skill in this                   
                art to leave a gap between the baffle and the tube to the extent that the                       
                desired flow of the heat exchange medium across the tube is not                                 
                substantially prevented.                                                                        
                       With respect to claim 33, Iwanaga clearly teaches at least two                           
                substantially liquid-tight zones separated by partition(s) for independent heat                 
                exchange flow in any reactor and Wanka further illustrates such separate                        
                zones in a shell-and-tube reactor with horizontal heat exchange medium flow                     
                across catalyst tubes.  Thus, contrary to Appellants’ contentions, one of                       
                ordinary skill in this art would have combined Iwanaga, Smith, and Wanka                        
                and modified the shell-and-tube reactor of Smith to include at least two                        
                substantially liquid tight, unconnected separate heat exchange zones.                           
                       Accordingly, based on our consideration of the totality of the record                    
                before us, we have weighed the evidence of obviousness found in the                             
                combined teachings of Iwanaga and Smith and as further combined with                            


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