Ex Parte CAMIENER et al - Page 6




          Appeal No. 1999-0060                                                        
          Application No. 08/567,771                                                  


          appellants acknowledge, included one or more discharge ports,               
          connected to a valve in the condenser outlet line, for collecting           
          and/or recirculating condensate (specification, page 1, lines               
          33-35; figure 6, item 640).                                                 
               The appellants do not acknowledge that it was known in the             
          art to connect to these discharge ports one or more tanks,                  
          wherein 1) either the sole tank is connected to the evaporation             
          tank and is capable of both collecting a purified component from            
          the condenser and, during at least one different time period,               
          receiving at least one transition mixture from the condenser for            
          recirculation to the evaporation tank in a subsequent                       
          distillation cycle, or 2) there are two tanks connected to the              
          ports, each of the tanks being capable of performing one of these           
          functions, the tank capable of receiving the transition mixture             
          being connected to the evaporation tank.                                    
               We remand the application to the examiner for the examiner             
          to determine whether the prior art would have fairly suggested              
          the one or two tanks to one of ordinary skill in the art.                   







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