Appeal No. 2004-0804 Application No. 09/757,886 workable ratios for the types of downcomers described in EP ’262. Accordingly, the appellants’ reliance on the textbook reference discussion is misplaced. Because the appellants have not successfully rebutted the examiner’s prima facie case of obviousness, we affirm this ground of rejection. IV. Claim 6 under 35 U.S.C. § 103(a) over EP ’262 and Jenkins Regarding appealed claim 6, the appellants rely on the same argument as they did for appealed claim 3. Accordingly, we affirm this ground of rejection for the same reasons set forth above with respect to appealed claim 3. V. Claims 9 & 10 under 35 U.S.C. § 103(a) over WO ’621 or EP ’262 in view of either Sampath or Yu Regarding appealed claim 9, the appellants rely on the same arguments as they did for appealed claims 3 and 7. Accordingly, we affirm this rejection for the same reasons set forth above with respect to appealed claims 3 and 7. 5 Contrary to the appellants’ representation (appeal brief, p. 4), an excerpt of this reference has not been enclosed with 10Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007