Ex parte PETIT - Page 4




               Appeal No. 96-3796                                                                                                     
               Application 08/195,397                                                                                                 


               Weisenbarger which would have suggested locating them in that position.  Moreover, even if it might be                 

               concluded that such a location would have been obvious in view of Weisenbarger's Fig. 1 embodiment                     

               (analogizing casing 10 to the separator column), the agitator apparatus would not be removable from                    

               the tank without disconnection from the separator column, as claimed, because the disclosure of                        

               Weisenbarger that the pump 16, tube 36, etc., are attached to the casing 10 at adapter 18 would                        

               suggest to one of ordinary skill that the agitator apparatus of Hickey '144 be connected to separator                  

               column 17.                                                                                                             

                       Accordingly, we will not sustain the rejection of claim 15.                                                    

               (c) Claim 22                                                                                                           

                       In this claim, the agitator circuit is recited as being "supported in said reactor tank" (emphasis             

               added).  We do not consider that it would have been obvious to one of ordinary skill, in view of                       

               Weisenbarger, to locate the Hickey '144 loop (i.e., withdrawal conduit and return conduit) and shearing                

               means 29A or 30A in reactor tank 10.  Since Weisenbarger does not disclose the use of any type of                      

               additional tubular member within casing 10, we consider that, at most, it may have been obvious to                     

               locate the agitator circuit of Hickey '144 within separator column 17, but in that case the agitator circuit           

               could not be removed from the tank without disconnection from the separator column, as discussed                       

               above with regard to the rejection of claim 15.                                                                        

                       The rejection of claim 22, and thus of claims 23 to 27 dependent thereon, will not be sustained.               


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