Ex parte BIELAWSKI et al. - Page 4

                     Appeal No. 1998-0387                                                                                                                                              
                     Application 08/566,192                                                                                                                                            

                     demister 18, a tubular condensing heat exchanger 14 and                                                                                                           
                     another demister 20, before exiting the housing at outlet 34.                                                                                                     
                     Berman does not disclose a gas liquid contact means situated                                                                                                      
                     beneath the sprays 22 or an “array” of tubular condensing heat                                                                                                    
                     exchangers, but the examiner takes the position that it would                                                                                                     
                     have been obvious to provide such features in the Berman                                                                                                          
                     system in view of Marchand.                                                                                                                                       

                                With regard to the gas liquid contact means, the examiner                                                                                              
                     takes the position at page 6 of the answer that the provision                                                                                                     
                     of such a means in the absorber section (spray chamber) of                                                                                                        
                     Berman would have been obvious in view of Marchand’s                                                                                                              
                     disclosure of “packing substance” 8, consisting of “metal or                                                                                                      
                     plastic grids or rings” (col. 2, line 54) below sprays 13.  We                                                                                                    
                     consider this position to be well taken, noting that it was                                                                                                       
                     raised for the first time by the examiner in the examiner’s                                                                                                       
                     answer,  and has not been controverted by appellants in a1                                                                                                                                                  

                                1In view of the examiner’s reliance on Marchand’s                                                                                                      
                     disclosure of packing substance 8, the examiner’s statement on                                                                                                    
                     page 7 of the answer that Marchand is relied on solely to show                                                                                                    
                     that a condenser can be made up of a plurality of tubular heat                                                                                                    
                     exchangers 5 is clearly incorrect.                                                                                                                                


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