Appeal No. 95-2347 Page 8
Application No. 07/928,642
obvious under 35 U.S.C. § 103 by the disclosed reactor
structure
of Chen. See In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d,
1429, 1432 (Fed. Cir. 1997) and In re Fitzgerald, 619 F.2d 67,
70, 205 USPQ 594, 596 (CCPA 1980).
REJECTION OF CLAIM 6 UNDER 35 U.S.C. § 103
Next, we consider the rejection of claim 6 under 35
U.S.C.
§ 103 as being unpatentable over Shibata taken with Kanai,
Davies, Shioya, and Chen. We affirm based on the teachings of
Chen for the reasons discussed above. In this regard,
appellants' arguments at pages 9 and 10 of the brief are
primarily directed to a particular temperature maintenance
operation, which line of argument, in our view, is not
convincing for the reasons discussed above.
REJECTION OF CLAIM 5 UNDER 35 U.S.C. § 103
We now turn to consideration of the rejection of claim 5
under 35 U.S.C. § 103 as being unpatentable over Shibata taken
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