Appeal No. 1996-3367 Page 13
Application No. 08/480,554
ourselves in agreement with the examiner's basic position. We
note that De Fiore discloses the use of a separator (7)
wherein gases are separated off (11) and the dichloroethane
condensate (distillate) is recycled to the reactor (1). The
use of such a condensate recycle procedure in Böttger's
similar process would have been prima facie obvious to one of
ordinary skill in the art since Böttger teaches that the
dichloroethane may be used as the reaction medium (See, e.g.,
pages 1 and 2 and examples). That one of ordinary skill in
the art would have maintained the condensation (separation)
vessel such as vessel 7 of Di Fiore as used in a recycle
operation in Böttger at a lower or reduced pressure would have
been implicit in the downstream location of such a separation
vessel from the reactor especially in that lower pressures
would have been expected to enhance a vapor/liquid separation
process. In this regard, we note that an ordinarily skilled
artisan is presumed to have some skill. See In re Bozek, 416
F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969). Accordingly,
not withstanding appellants' contrary viewpoint, we will
sustain the examiner's rejection of representative claim 8,
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