Ex parte NAGAOKA - Page 6




                 Appeal No. 96-2354                                                                                                                     
                 Application No. 08/147,086                                                                                                             


                 certainly requires that the containers fit through an opening                                                                          
                 in the passage, the problems set out above with regard to the                                                                          
                 other two references are not solved by Koike.  Nor are they by                                                                         
                 King, which is cited for its disclosure of spacers between the                                                                         
                 walls of the reactor vessel and the catalyst containers.                                                                               
                          In addition, from our perspective, the examiner failed to                                                                     
                 point out where the limitations regarding the arcuate shape of                                                                         
                 the inner and outer walls and the selective use of screens and                                                                         
                 imperforate material in these walls are taught by the                                                                                  
                 references, or where the suggestion for modifying the Anderson                                                                         
                 apparatus to add these features is found, even in response to                                                                          
                 the appellant’s arguments raising these points.                                                                                        
                          It is our conclusion that the teachings of the applied                                                                        
                 references fail to establish a prima facie case of obviousness                                                                         
                 with regard to the subject matter of claim 15.  We thus will                                                                           
                 not sustain the rejection of independent claim 15 or claims                                                                            
                 16-20, which depend therefrom.3                                                                                                        

                          3The preamble to claim 15 recites “a vertical type radial                                                                     
                 flow reactor,” and the final two lines of this claim that a                                                                            
                 plurality of containers are assembled “to form a cylindrical                                                                           
                 catalyst bed” in the reactor.  However, there is no proper                                                                             
                 antecedent basis for “said cylindrical reactor,” which appears                                                                         
                 in lines 18 and 22.  This situation is worthy of correction.                                                                           
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