Ex parte PAGANI et al. - Page 5

          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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