Appeal No. 1997-4300
Application 08/518,719
102(b) as being anticipated by Miller or Tzschoppe or Noel, is
reversed.
_______________ . ______________
Memorandum Opinion
The examiner has not shown that each of Miller (U.S.
Patent No. 4,130,527) or Tzschoppe (U.S. Patent No. 4,077,135)
discloses a connector which connects a polymerization reactor,
a cooling device, and a vacuum unit to one another, as
required by appellants’ claim 4. The examiner also has not
shown that each of Miller or Tzschoppe discloses a tube that
connects the connector to the vacuum unit at a point between
the polymerization reactor and the cooling device, as also
required by appellant’s claim 4. The examiner presented a
position regarding claims 2 and 3. Since claims 2 and 3
depend upon independent claim 4, and in view of the fact the
examiner has failed to present a proper anticipation rejection
with respect to claim 4, the merits of the examiner’s position
need not be
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