Ex Parte AUTENRIETH et al - Page 3




          Appeal No. 2002-1612                                                        
          Application No. 09/048,984                                                  


          with the gas stream containing hydrogen and thus prevents the               
          danger of overheating at the catalyst inlet location 8 by the               
          exothermal formation reaction" (page 6 of Brief, first                      
          paragraph).                                                                 
               Appealed claims 1 and 5 stand rejected under 35 U.S.C.                 
          § 102(b) as being anticipated by Zenz.  Claim 3 stands rejected             
          under 35 U.S.C. § 103 as being unpatentable over Zenz in view of            
          Yoshikawa.                                                                  
               Upon careful consideration of the opposing arguments                   
          presented on appeal, it is our judgment that the examiner has not           
          established a prima facie case of anticipation or obviousness               
          within the meaning of §§ 102 and 103, respectively.  Accordingly,           
          we will not sustain the examiner's rejections.                              
               We consider first the examiner's rejection of claims 1 and 5           
          under 35 U.S.C. § 102.  Zenz, in disclosing a granular bed filter           
          reactor, does provide the broad teaching that the reactor may               
          contain catalytic medium to perform reactive functions with a               
          fluid stream passing therethrough.  Zenz fails to provide any               
          description of a reformation reactor, in particular.  As for the            
          claimed guide plate, the examiner relies upon the reference                 
          description of a louver 15 and screen 16.  However, although we             
          do not subscribe to appellants' reasoning that the louver and               

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