Ex Parte Olbert et al - Page 6

                Appeal 2007-0620                                                                                
                Application 10/323,626                                                                          

                discloses a reaction tank for, inter alia, any exothermic chemical reaction in                  
                which there is radial heat exchanger medium flow and the reaction tank is                       
                divided into three superposed sections 42', 42'', and 42''' that are not                        
                connected to each other and have separate pumps and regulators, and thus, is                    
                not combinable with Iwanaga and Smith (id. 10-11).                                              
                       With respect to claim 1, the Examiner responds Smith teaches baffles                     
                in tube-and-shell reactors used for exothermic reactions to control the                         
                temperature and the absence of tubes in passage regions allows unrestricted                     
                heat exchange medium flow from one baffle zone to another (Answer 7).                           
                The Examiner maintains that one of ordinary skill in the art would have used                    
                Smith’s reactor as Iwanaga’s tube-and-shell reactor for the exothermic                          
                process taught therein wherein temperature control is important (id. 7-10).                     
                The Examiner contends that Smith discloses bypass 13 as a preferred                             
                embodiment which is not required (id. 10).  With respect to claim 17, the                       
                Examiner responds that while Smith’s Figs. 1 and 2 do not show all details                      
                including whether a gap is present, it is disclosed that the catalyst tubes are                 
                secured to the supporting plates and thus do not require the baffles for                        
                support (id. 10).  The Examiner further contends it would have been within                      
                the ordinary skill in the art to design the reactor to facilitate tube                          
                replacement and provide clearance between the tubes and baffles to                              
                compensate for any tube expansion caused by high reaction temperature                           
                (id. 11-12).  With respect to claim 33, the Examiner responds that as                           
                claimed, the reaction zones are separated in a largely liquid-tight manner and                  
                thus, the zones are not connected in the same manner as the unconnected,                        
                separate zones in Wanka (id. 13).                                                               


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