Ex parte BARCHAS - Page 8


          Appeal No. 1998-2624                                                        
          Application No. 08/696,578                                                  



          demethanization step described in Mehra.  In re Dembiczak, 175              
          F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999) ("[T]he                
          best defense against the subtle but powerful attraction of a                
          hindsight-based obviousness analysis is rigorous application of             
          the requirement for a showing of the teaching or motivation to              
          combine prior art references.").                                            
               Nor is there any evidence in the applied prior art to                  
          establish that one of ordinary skill in the art would have made             
          such a substitution with a reasonable expectation of success,               
          consistent with the objectives stated in Mehra.  In re Vaeck,               
          947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991) (citing            
          In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531              
          (Fed. Cir. 1988).                                                           
               Regarding Mehra’s discussion of the prior art (column 2,               
          line 26 to column 3, line 7), we note the following:                        
                    A low-pressure debutanizing stripper is located                   
               in the compression train to remove C5 and heavier                      
               fractions from the cracked gas. . .                                    
                    The C3-and-lighter fraction is fed to the                         
               absorber column.  The C2’s and C3’s are absorbed by                    
               the solvent while methane and lighter components,                      
               together with some ethylene, leave the top of the                      
               absorber.  This overhead stream is fed to a small                      
               tail-end demethanizer where essentially all the C2’s                   
               are recovered.  [Col. 2, ll. 31-34, 58-63.]                            




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