Ex Parte HO et al - Page 5


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

          from the system through line 20 and most of the volatiles are                 
          recycled to reactor 10 through line 21; sending a small portion               
          of the butyl acrylate reaction product from line 15 to a butanol              
          recovery unit 27 through line 23, where the volatiles are sent                
          back to reactor 10 through line 28 and the residues are removed               
          via line 30; recycling a portion of the highly volatiles of the               
          finishing distillation tower to line 15 and sending the                       
          remainder to the butanol recovery unit through line 26; and                   
          recycling the residues of the finishing distillation tower to                 
          reactor 10.  (Column 1, line 59 to column 2, line 65.)                        
               Erpenbach is cited for its teaching of a high purity                     
          (99.9%) butyl acrylate product free from butyl ether.  (Answer,               
          pages 6-7.)  We note, however, that the examiner fails to                     
          explain how the teachings of Erpenbach should be combined with                
          the teachings of Dougherty.                                                   
               With regard to the process claims, the examiner                          
          characterizes the difference between the invention recited in                 
          the appealed claims and Dougherty as follows (answer, page 4):                
               The difference between the applicants [sic] claimed                      
               invention and the Dougherty et al. reference is that                     
               the reference uses a finishing distillation tower,                       
               instead of a splitter distillation column in                             
               conjunction with an acrylate distillation column, to                     
               carry out the separation of the overhead fraction from                   
               the acrylate product/residues and in turn the residues                   
               from the acrylate product (see reference drawing).                       


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