Appeal No. 95-2237
Application 08/067,308
the type claimed.
The examiner recognizes that Weldes does not teach the
use of the claimed multi-stage reactor. According to the
examiner, Leutner's use of a multi-stage cascade reactor to
produce alum-inosililcate suspensions would have made it
obvious for one of ordinary skill in the art to use such a
cascade reactor in the process of Weldes.
We cannot sustain the examiner's position because, in the
face of appellants' argument, the examiner has not established
either a close correspondence between the specific process
steps of appellants and Weldes, or that one of ordinary skill
in the art would have considered the multi-stage cascade
process of Leutner, which is directed to the preparation of
silicate suspensions, a suitable process for preparing aqueous
alkaline silica sols. In our view, the examiner's rejection
is tantamount to saying that it would have been obvious for
one of ordinary skill in the art to use any known,
conventional continuous reactor in the process of Weldes.
However, there is a distinct lack of evidentary support for
such legal conclusion.
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