Ex Parte ASPALTER et al - Page 2




          Appeal No. 2003-1549                                                        
          Application No. 09/356,400                                                  


               introducing a second reaction medium through nozzle apertures          
          at a multiplicity of locations distributed about a cross section of         
          the flow channel into the first reaction medium;                            
          and                                                                         
          causing reduced pressures and inducing turbulence flows with a              
          multiplicity of deflectors in the first reaction medium at the              
          locations at which the second reaction medium is introduced and             
          thereby intensely intermixing the first and second reaction media           
          directly at the locations at which the second reaction medium is            
          introduced.                                                                 
               The prior art references relied upon by the examiner are:              
          Tenner et al. (Tenner)        4,115,515           Sep. 19, 1978             
          Mansour et al. (Mansour)      5,510,092           Apr. 23, 1996             
               Claims 1 through 4 and 14 through 17 stand rejected under 35           
          U.S.C. § 103 as unpatentable over the combined disclosures of               
          Mansour and Tenner.                                                         
               We reverse.                                                            
               On this record, we concur with the appellants that the                 
          examiner has not supplied sufficient suggestion or motivation to            
          arrive at the claimed subject matter within the meaning of 35               
          U.S.C. § 103.  Specifically, the examiner has not explained or              
          shown that one of ordinary skill in the art would have been led to          
          employ the nozzle arrangement taught by Tenner to introduce a               
          second reaction medium at the locations where multiple deflectors           
          are placed to cause reduced pressure and induce turbulence flows.           
          See the Answer in its entirety.  As correctly noted by the                  

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