Ex Parte HO et al - Page 4


          Appeal No. 2002-0404                                                          
          Application No. 08/859,143                                                    


               Claims 1 through 17 on appeal stand rejected under 35                    
          U.S.C. § 103(a) as unpatentable over Dougherty in view of                     
          Erpenbach.  (Examiner’s answer of May 4, 2001, paper 21, pages                
          3-5.)  Also, claims 11 through 17 on appeal stand rejected under              
          35 U.S.C. § 103(a) as unpatentable over Erpenbach.  (Id. at page              
          5.)  Further, claims 11 through 17 stand rejected under 35                    
          U.S.C. § 103(a) as unpatentable over Aldrich.1  (Id.)                         
               We reverse each of the aforementioned rejections.                        
                         Claims 1-17: Dougherty and Erpenbach                           
               Dougherty describes a process for producing butyl acrylate               
          from butanol and acrylic acid comprising: reacting butanol and                
          acrylic acid in the presence of an esterification catalyst in                 
          reactor 10; removing the butyl acrylate reaction product from                 
          the reactor through line 15 and introducing the butyl acrylate                
          reaction product into a finishing distillation tower 24;                      
          removing the bottom reactor residue containing polymer, butyl                 
          acrylate, butanol, and water from reactor 10 through line 14 and              
          introducing the residue to a heat treater 16 to recover reaction              
          products, which are then returned to reactor 10 via line 17;                  
          removing a slip stream from the heat treater 16 through line 18               
          to a heavy ends removal unit 19, where the residue is “sourced”               

                                                                                       
          1 Appellants do not contest that Aldrich is available as prior art.           

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