Appeal No. 2005-0899
Application No. 10/058,520 Page 5
substantially constant reflux would be inherently obtained in
carrying out the described reaction synthesis of Rizzi or
Volpenhein based on the asserted overlap of reaction conditions.
However, as correctly pointed out by appellants (brief,
pages 4-6), the examiner has not reasonably established that a
substantially constant reflux, as appellants claim, would
necessarily occur in the processes disclosed by Rizzi or
Volpenhein based on an asserted overlap of some process
parameters. Manifestly, the asserted overlap of some process
parameters falls significantly short of establishing inherency.
The examiner has not alleged, much less established that the
applied references employ an essentially identical reaction
process to that employed by appellants so as to reasonably
establish, prima facie, that the claimed reflux necessarily
occurs. Compare, for example, the disclosure at page 11, lines
14-25 and the Example at pages 17 and 18 of appellants’
specification wherein a substantial decrease in pressure of 250
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