Ex parte GUTSCHE et al. - Page 3





                 Appeal No. 1996-4087                                                                                       Page 3                      
                 Application No. 08/259,362                                                                                                             


                          D.       continuously circulating the reaction mixture in succession through the                                              
                                   reaction zone, the second zone, and the third zone until the reaction has                                            
                                   reached the desired degree of completion.                                                                            


                                                       THE REFERENCES OF RECORD                                                                         

                          As evidence of obviousness, the examiner relies upon the following references.                                                
                 Buettgen et al. (Buettgen)                            5,110,508                           May  5, 1992                                 
                 (French Patent Application)                           2,293,238                           Jul.   2, 1976                               
                 Trambouze1                                                                                                                             




                                                                THE REJECTIONS                                                                          

                          Claims 13 through 21, 36, and 37 stand rejected under 35 U.S.C. § 103 as                                                      
                 being unpatentable over Trambouze in combination with Buettgen.2                                                                       



                                                                      OPINION                                                                           

                          We have carefully considered all of the arguments advanced by appellants and                                                  
                 the examiner and agree with the appellants that the aforementioned rejection under 35                                                  




                          1The examiner, in error, cites Trambouze as Patent no. 1,526,977.  See Answer, page 2.  No such                               
                 Trambouze patent is cited of record.  The Trambouze reference cited of record appears in an                                            
                 information disclosure statement, filed November 10, 1993, and is acknowledged by the examiner in                                      
                 an Office action dated March 6, 1995. Accordingly, we cite the french patent application.                                              
                          2We refer in our decision to the translation of French Patent Application No. 2,293,238                                       
                 translated by the Ralph McElroy Translation Company for the United States Patent and Trademark                                         
                 Office in October 1996.                                                                                                                








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