Ex Parte Cirjak et al - Page 3




          Appeal No. 2003-2012                                                        
          Application No. 09/981,454                                                  


               All of the appealed claims are rejected under 35 U.S.C.                
          § 103(a) as being unpatentable over Sennewald ‘623 and Sennewald            
          ‘624 optionally in view of Calcagno.1                                       
               Rather than reiterate the respective positions advocated by            
          the appellants and by the examiner regarding the above noted                
          rejections, we refer to the brief and to the anser for a complete           
          exposition thereof.                                                         
                                      OPINION                                         
               For the reasons set forth in the answer and below, we will             
          sustain each of these rejections.                                           
               As correctly indicated by the examiner, each of the                    
          Sennewald references discloses all aspects of the process defined           
          by appealed independent claim 16 except for the here claimed                
          feature wherein the oxygen reactant is introduced into the                  
          reactor separately from the ethylene and acetic acid reactants.             
          However, we share the examiner’s conclusion that it would have              
          been obvious for one with ordinary skill in the art to introduce            
          oxygen into the fluid bed reactor of the respective Sennewald               


               1On page 3 of the brief, the appellants state that “[a]ll              
          claims are in one group.”  In light of this statement, we will              
          focus on independent claim 16 which is the broadest claim on                
          appeal, in assessing the merits of the rejections before us.  See           
          37 CFR § 1.192(c)(7)(2002).                                                 
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