Ex parte KRISHNA - Page 3




          Appeal No. 98-0552                                                          
          Application 08/357,567                                                      


               d) lifting said regenerated catalyst up said FCC riser                 
          reactor to said injection position of said hydrocarbon feed                 
          [oil] with a flow of catalytically inert gas.                               

               The prior art references relied upon by the examiner are:              
          Hettick        2,938,856               May  31, 1960                        
          Hammershaimb et al.      4,479,870               Oct. 30, 1984              




               The following rejections are before us for consideration:              
               I.  Claims 1-6, 33-37 and 40-43 stand rejected for                     
          obviousness under 35 U.S.C. § 103 in view of Hettick alone.                 
          II.  Claims 7-8, 38-39 and 44 stand rejected for                            
          obviousness under 35 U.S.C. § 103 in view of Hettick as                     
          applied in the aforementioned rejection, and further in view                
          of Hammershaimb et al.                                                      
          III.  Claims 45-52 stand rejected for obviousness under                     
          35 U.S.C. § 103 in view of Hettick as applied in the                        
          aforementioned rejections, and further in view of admitted                  
          prior art.                                                                  
               Based on the record before us, we agree with appellant                 
          that the examiner has failed to establish a prima facie case                



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