Appeal No. 2003-1968 Page 5
Application No. 09/327,963
and gas injector structure located at the bottom of a slurry
holding reaction zone and designed to address problems that
relate to such a slurry bubble column reactor to modify the
structure of Jenkins in the manner proposed.
Concerning this matter, we note that while Jenkins may be
concerned with plugging problems as they relate to a gas-phase
fluidized bed polymerization reactor, Jenkins (column 6, lines
28-34) points out that the presence of a liquid layer above the
grid of the gas-phase reactor would be problematic in the gas-
phase polymerization reaction system. Given that disclosure, the
examiner has not fairly explained how the grid structure of
Chang, which is directed to being functional for placement under
a liquid slurry column, would have been viewed by one of ordinary
skill in the art as relevant and suggestive for use in the
disparate reactor system of Jenkins that includes solid resin
particles produced by polymerization. Merely alleging functional
equivalence does not establish that equivalence for use in the
operation of the disparate reactor system of Jenkins.
As noted by appellants, the examiner has not established any
convincing reason or suggestion that would have led one of
ordinary skill in the art to combine the teachings of Jenkins and
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