Ex parte KHOUW et al. - Page 5




          Appeal No. 96-0936                                                          
          Application 08/230,173                                                      


          limitations find response in the fluid conveying segments or                
          arms of the separator 25 shown in Castagnos' Figures 2 and 3                
          is unreasonable.  These arms extend in a semi-circular arc                  
          from the vertical axis of fluid riser conduit 10 to effect                  
          centrifugal separation of the catalyst and cracked product                  
          vapor phases 40 and 45.  By no stretch of the imagination can               
          they be characterized as extending substantially horizontally               
          outward from the vertical axis of the fluid riser conduit.                  





               Castagnos also fails to teach, and would not have                      
          suggested, an apparatus meeting the limitations in claim 8                  
          requiring the arms to extend radially into a fluid mass.  As                
          indicated above, the arms of the Castagnos separator extend                 
          into a vapor space 159, 160.  The examiner's contention that                
          "the recitation of 'a fluid mass' in the pending claims does                
          not imply that this is a constructive element of the claims"                
          (answer, page 5) is not well taken.  The limitation in claim 8              
          calling for "a vessel containing a fluid mass" clearly                      
          incorporates the fluid mass as part of the claimed apparatus.               
                                         -5-                                          





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