Appeal No. 2003-2012
Application No. 09/981,454
references considered alone. Moreover, the appellants’ statement
that “feeding oxygen directly to a liquid[-]phase system [i.e.,
the system of Calcagno] would be an inherently safer system
because of the heat transferability of the liquid” (id.)
reinforces the examiner’s previously discussed point and his
concomitant obviousness conclusion regarding the Sennewald
teaching that heat dissipation is readily achieved in the
fluidized bed of the Sennewald process.
For the reasons discussed above and in the answer, it is our
determination that the reference evidence adduced by the examiner
establishes a prima facie case of obviousness which the
appellants have failed to successfully overcome with argument and
evidence of nonobviousness. See In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). It follows that we
will sustain the examiner’s Section 103 rejection of all appealed
claims as being unpatentable over Sennewald ‘623 and Sennewald
‘624 optionally in view of Calcagno.
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