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. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007