Ex parte LEE - Page 5




                     Appeal No. 95-2741                                                                                                                                                
                     Application 08/008,120                                                                                                                                            


                     lowered below the pyrolysis temperature by the liquid quench.   The effluent flows from the quench12                                                                       
                     chamber into conventional heat exchangers then through a trim quench chamber containing a tubular                                                                 
                     member.   Figure 1 describes the carbon black production apparatus. The carbon black production13                                                                                                                                                   
                     apparatus employs indirect type heat exchangers that operate to cool the effluent to a temperature in the                                                         
                                               o                                                                                                                 14             
                     range of 600-1000 F. The effluent flows from the heat exchangers to a trim quench into a filter means.                                                            
                     C.         The Examiner’s and Applicant’s positions                                                                                                               
                                1.         The rejections under 35 U.S.C. § 103                                                                                                        
                                The examiner presents two rejections under 35 U.S.C. § 103 directed to two groups of claims:                                                           
                     (1) Claims 1-3 as unpatentable over Austin; and (2) Claims 1-6 as unpatentable over the combination                                                               
                     of the teachings of Austin and Lee. The examiner’s position may be understood from the following                                                                  
                     excerpt from the Answer.                                                                                                                                          
                                                     The reference [Austin] teaches in col. 3 line 1 to column 4 line                                                                  
                                           68 the claimed carbon black forming steps, then cooling with smoke                                                                          
                                           (which is finely-divided solid particles entrained in a non-liquid                                                                          
                                           medium), followed by passing the effluent through heat exchangers and                                                                       
                                           recovering the product.  The reference differs in the description of the                                                                    
                                           heat exchanger, although it has a pipe which inherently exchanges heat                                                                      
                                           since it is not a perfect insulator.                                                                                                        
                                                     It would have been obvious to one of ordinary skill in the art at                                                                 
                                           the time of the instant invention to use a lined wall heat exchanger in the                                                                 
                                           process of Austin because doing so will perform the cooling required in                                                                     
                                           col. 5 line 26 of the reference.[15]                                                                                                        


                                12  Austin, column 3, lines 38-43.                                                                                                                     
                                13  Austin, column 4, lines 24-29; Figure 1, numerals 25, 26 and 27.                                                                                   
                                14  Austin, column 1, lines 37-60.                                                                                                                     
                                15  Examiner’s Answer, pages 3 -4.                                                                                                                     
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