Appeal No. 1998-0387
Application 08/566,192
exchangers may be arranged differently relative to the wet
scrubber does not vitiate its teaching of the desirability of
using a corrosion-proof coating. Nonobviousness cannot be
shown by attacking references individually where, as here, the
rejection is based on a combination of references. In re
Merck & Co., Inc., 800 F.2d 1091, 1097, 231 USPQ 375, 380
(Fed. Cir. 1986), cert. denied, 493 U.S. 975 (1989).
The rejection of claim 11 will also be sustained, since
it would have been obvious to use a plurality of heat
exchanger stages in the Berman apparatus instead of the one
stage 14 illustrated in Fig. 1, depending on the heat exchange
capacity required for a particular installation.
Inasmuch as the rejection of claim 7 will not be
sustained, the rejection of claim 12 likewise will not be,
since Warner does not supply the deficiency of the Berman-
Marchand combination discussed above.
Summary
The examiner’s decision to reject claims 1, 2, 7, 8 and
10 to 12 is affirmed as to claims 1, 2, 10 and 11 and reversed
as to claims 7, 8 and 12.
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