Ex Parte Diehl et al - Page 7



          Appeal No. 20006-1116                                                       
          Application No. 10/450,439                                                  
          permit easy fabrication” and provides finer droplets.  See column           
          1, lines 45-52 and column 4, lines 43-46.  We find that Suzuki              
          teaches additional advantages of using its atomizer over a                  
          conventional atomizer at column 2, line 63 to column 3, lines 43.           
               Given the above teachings, we concur with the examiner that            
          one of ordinary skill in the art would have been led to employ              
          the impingement atomizer of the type discussed in Suzuki, in lieu           
          of the conventional single-fluid nozzles, in the admittedly known           
          process for cooling a hot gas mixture containing (meth)acrylic              
          acid, motivated by a reasonable expectation of successfully                 
          obtaining the advantages enumerated in Suzuki2.                             
               The appellants argue that Suzuki is directed to using its              
          impingement atomizer to minimize an internal clogging problem               
          associated with a single hole atomizer, rather than to prevent              
          the external clogging problem caused by the formation of polymer            
          discussed in the appellants’ specification.  See the Brief, pages           
          5-8 and the Reply Brief, pages 1-3.  As such, “[t]here is no                
                                                                                     
               2 At best, Wu is cumulative to Suzuki and thus, it need not            
          be discussed in this decision.                                              




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