Appeal No. 1997-2353 Page 5
Application No. 08/405,912
a second recovery section and recycle steps corresponding to
the second recovery section and directed recycling of the
carbamate and unreacted ammonia of appellants' process, we do
not find support for such in the cited sections of Pagani
wherein only a single recovery section is employed. Compare
figures 2 and 3 of Pagani wherein a single recovery section is
employed for both reactors with appellants' figure 1, wherein
a second recovery section is disclosed. Nor has the examiner
convincingly explained how the other applied references would
remedy this deficiency.
The examiner's commentary (answer, pages 5 and 6)
including the supposition that "there are [a, sic] million
ways that the process can be modified . . ." (answer, page 6)
does not adequately explain why one of ordinary skill in the
art, given the applied references but not appellants'
disclosure, would have been led to modify the process of
Pagani in a manner to arrive at a process corresponding to the
claimed process herein with a reasonable expectation of
success in so doing. See In re Vaeck, 947 F.2d 488, 493, 20
USPQ2d 1438, 1443 (Fed. Cir. 1991); In re O'Farrell, 853 F.2d
894, 902, 7 USPQ2d 1673, 1680 (Fed. Cir. 1988); In re Longi,
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