Ex Parte Diehl et al - Page 5



          Appeal No. 20006-1116                                                       
          Application No. 10/450,439                                                  
               With the above precedents in mind, we turn to the examiner’s           
          Section 103(a) rejection.  As indicated by the examiner at page 3           
          of the Answer, the appellants acknowledge(the Specification, page           
          2, lines 23-35 and page 3, lines 4-18) that:                                
               It is known from DE-A 19 740 252, DE-A 19 740 253, DE-A                
               19 833 049, DE-A 19 814 375, DE-A 19 814 421, DE-A 19                  
               814 449, DE-A 10 053 086, DE-A 10 039 025, DE-A 19 924                 
               533 and DE-A 19 924 532 that a basic separation of the                 
               (meth)acrylic acid present in the hot product gas                      
               mixture from heterogeneously catalyzed gas-phase                       
               partial oxidations of C3/C4 precursors of (meth)acrylic                
               acid can be carried out by subjecting the hot product                  
               gas mixture to direct precooling (quenching) by means                  
               of a cooling liquid and then partially or fully                        
               condensing it or absorbing it in a suitable absorption                 
               medium (e.g.[,] water, (meth)acrylic acid, oligomeric                  
               (meth)acrylic acid....).                                               
               ...                                                                    
               To carry out the direct cooling of the hot product gas                 
               mixture from the heterogeneously catalyzed gas-phase                   
               partial oxidation of C3/C4 precursors of (meth) acrylic                
               acid by means of a cooling liquid, DE-A 19 924 533                     
               recommends the use of spray coolers which are free of                  
               internals.                                                             
               To atomize the cooling liquid, DE-A 19 924 533 provides                
               for the use of atomizer nozzles.  The cooling liquid                   
               can, for example, be introduced under pressure into                    
               such nozzles.  The cooling liquid is atomized by being                 
               pressurized in the orifice of the nozzle after reaching                
               a certain minimum velocity.  Furthermore, single-fluid                 
               nozzles such as swirl chamber nozzles (hollow cone or                  
               solid cone nozzles) are available for the                              
               abovementioned purpose... (Emphasis added.)                            
          The examiner recognizes that the appellants do not acknowledge              
          that the use of the claimed impingement atomizer is known in the            
          art.  See the Answer, page 3.                                               
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