Appeal No. 98-3017 3
Application No. 08/437,986
creating a stream having an equilibrium amount of xylene isomers in the xylene
isomerization unit; and
passing the stream back into the xylene isomer specific separator for processing.
THE REFERENCES OF RECORD
As evidence of obviousness, the examiner relies upon the following references:
Burress 3,856,873 Dec. 24, 1974
Parker GB 2 052 554 A Jan. 28, 1981
(Published United Kingdom Patent Application)
THE REJECTIONS 1
Claims 7 through 12 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Burress in view of Parker.
Claims 12 stands rejected under 35 U.S.C. § 112, first paragraph, as containing
subject matter which was not described in the specification in such a way as to reasonably
convey to one skilled in the relevant art that the inventor(s), at the time the application
was filed, had possession of the claimed invention.
OPINION
We have carefully considered all of the arguments advanced by the appellants and
the examiner and agree with the appellants that the rejection of claims 7 through 12 on
the grounds of obviousness is not well founded. Accordingly, we reverse this rejection.
1The examiner has withdrawn rejections of claim 12 under 35 U.S.C.§ 112, first paragraph for lack of
enablement, and claims 7 through 12 under 35 U.S.C. § 112, second paragraph for indefiniteness. See
Answer, pages 5 and 6 respectively.
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