Appeal No. 2003-2012
Application No. 09/981,454
processes separately from the ethylene and acetic acid reactants.
This is because the reaction desired in the respective Sennewald
processes would be achieved regardless of whether the oxygen is
fed separately from or together with the ethylene and acetic acid
reactants. Further, the above noted obviousness conclusion is
additionally supported by the Calcagno reference which teaches a
vinyl acetate manufacturing process wherein the reactants,
namely, ethylene and oxygen, are introduced into the reactor
either separately or mixed together (e.g., see lines 3-9 in
column 2).
With respect to the rejection based on the Sennewald
references alone, the appellants argue that the examiner has
provided no evidence in support of his obviousness conclusion.
This is incorrect. The examiner’s obviousness conclusion is
supported by his undisputed finding that one with ordinary skill
in the art would have expected “all reactants to undergo the same
reaction whether the mixing occurs before the reaction zone or
within the reaction zone” (answer, page 3; also see the sentence
bridging pages 3 and 4 of the first office action mailed January
2, 2002).
The appellants further argue that the examiner’s conclusion
of obviousness is militated against by the Williams declaration
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