Ex Parte PODREBARAC - Page 3



          Appeal No. 2001-2151                                                        
          Application No. 09/035,174                                                  

                    (iii)  azeotropically removing water present in said              
          first and second streams                                                    
          and                                                                         
          (d)  removing the unreacted ethylene and propylene                          
          product from said distillation column reactor as                            
          overheads product[.]                                                        
               The following references are relied upon by the examiner as            
          representative of the prior art:                                            
          Chauvin et al. (Chauvin)      4,795,734             Jan.  3, 1989           
          Slaugh                        5,030,784             Jul.  9, 1991           
          Palmer et al. (Palmer)        5,235,102             Aug. 10, 1993           
               The following rejections are before us for consideration:              
               I.  Claims 1-7 stand rejected under 35 U.S.C. § 112, second            
          paragraph, for indefiniteness.                                              
          II.  Claims 1-7 also stand rejected under 35 U.S.C. § 103 for               
          obviousness over either Slaugh or Chauvin, each taken in view of            
          Palmer.                                                                     
               Based on the record before us, we are compelled to reverse             
          each of the rejections at issue for the following reasons.                  
               With regard to the rejection under 35 U.S.C. § 112, the                
          examiner opines that there is no antecedent basis in the claim              
          for “azeotropically removing water present in said first and                
          second streams” because, according to the examiner, appellant               
          does not affirmatively claim the presence of water in any of the            

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