Ex Parte GAUTHIER et al - Page 4




          Appeal No. 2000-0014                                                        
          Application No. 08/747,927                                                  


          controlling flow rate responsive to the movement of a stopper               
          axially in the throat (Figs. 4 and 5). As we see it, the                    
          aforementioned particular valve teaching of Tsai simply would not           
          have been suggestive of the selective inclusion of a venturi-               
          shaped throat or element alone in the Krambeck apparatus, absent            
          reliance upon impermissible hindsight. It is for this reason that           
          the rejection before us must be reversed.                                   


                               REMAND TO THE EXAMINER                                 


               We remand this application to the examiner to consider the             
          following matters:                                                          


               1. The recitations in claim 1, last line, “said venturi”,              
          claim 7, lines 2,3 “said venturis”, claim 13, lines 2,3 “the                
          venturi”, and claim 14, line 5, “the venturi” do not correspond             
          to the apparent antecedent basis “venturi element” in claim 1,              
          line 7. The content of claim 14 does not appear in the drawing;             
          37 CFR § 1.83(a). In claim 15, last line, the antecedent for                
          “therein” should be clarified; apparently, cracking of the charge           
          takes place in a reactor.                                                   



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