Ex Parte Olbert et al - Page 7

                Appeal 2007-0620                                                                                
                Application 10/323,626                                                                          

                       With respect to claim 1, Appellants reply Iwanaga teaches the hot spot                   
                problem can be solved by suppressing hot spot activity in the catalyst-                         
                packed layer and does not teach the uncompensated use of a shell-and-tube                       
                heat exchanger type fixed bed reactor, such compensation taught at column                       
                6, line 17, to column 8, line 27, arguing there is no advantaged suggested by                   
                the reference to select the uncompensated reactor (Reply Br. 1-4).                              
                Appellants contend with respect to column 6, lines 22-25, 28-30, and 32-33,                     
                and Example 1, that Iwanaga does not teach a tube-and-shell type reactor                        
                without a compensating jacket and heating medium control, and further                           
                teaches that a tubular reactor with a jacket is sufficient (id. 4-5).  Appellants               
                contend Smith does not teach the use of the baffle containing tube-and-shell                    
                reactor with any possible exothermic reaction, nor that an improved heat                        
                exchange rate results from the use of baffles (id. 5-7).  With respect to claim                 
                17, Appellants reply Smith does not disclose the claimed gaps, contradicts                      
                easy removal by securing the catalyst tubes in supporting plates, and use of                    
                the same material for baffles, end plates, and tube eliminates the expansion                    
                problem (id. 8).                                                                                
                       The issues in this appeal are whether the Examiner has carried the                       
                burden of establishing a prima facie case of obviousness in combining the                       
                references as applied, and based thereon, whether one of ordinary skill in                      
                this art would have modified the shell-and-tube reactor of Smith with respect                   
                to the flow of the heat exchange medium, and would have used the shell-                         
                and-tube reactor of Smith as the shell-and-tube reactor in the process of                       
                Iwanaga.                                                                                        



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