Appeal No. 1996-1154
Application No. 08/174,497
Second, none of the references relied upon by the examiner,
individually or in combination, teaches or would have
suggested maintaining a continuous weight percent of
undissolved solids inside the multi-stage reactor. Even were
we to accept the examiner’s unsupported statement that one of
ordinary skill in the art would have maintained a continuous
weight percent of undissolved solids inside the multi-stage
reactor in order to operate the process of Asai or Green
continuously, see Answer, page 6, the examiner has not
established on this record that one of ordinary skill in the
art knew how to maintain a continuous weight percent of
undissolved solids inside the multi-stage reactor.
In view of the foregoing, we agree with appellants that
the examiner has not established that the claimed subject
matter as a whole would have been prima facie obvious to one
of ordinary skill in the art. Accordingly, we reverse each of
the examiner’s § 103 rejections.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
REVERSED
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