Appeal No. 1999-2643
Application 08/512,395
The items relied upon by the examiner as evidence of
obviousness are:
Katterjohn, Jr. 3,859,735 Jan. 14,
1975
(Katterjohn)
Magari et al. 4,991,648 Feb. 12,
1991
(Magari)
The shell and tube, gas-to-gas heat exchanger for the
manufacture of sulphuric acid recited in the preamble of
appealed claim 1 (the admitted prior art).1
Claims 1, 2 and 4 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the admitted prior art in view of
Katterjohn and Magari.
Reference is made to the appellant’s brief (Paper No. 19)
and to the examiner’s answer (Paper No. 20) for the respective
positions of the appellant and the examiner with regard to the
merits of this rejection.
Implicit in the examiner’s reliance on the preamble of
Jepson-type claim 1 as admitted prior art is the concession
1Appealed claim 1 is a Jepson-type claim. Thus, the heat
exchanger recited in its preamble is impliedly admitted to be
old in the art. See 37 CFR § 1.75(e) and MPEP § 2129. The
appellant has not challenged this implication.
3
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