Ex Parte Olbert et al - Page 8

                Appeal 2007-0620                                                                                
                Application 10/323,626                                                                          

                       The plain language of independent claim 1 encompasses processes                          
                preparing chlorine by the exothermic gas-phase oxidation reaction of                            
                hydrogen chloride and molecular oxygen, carried out in any reactor which,                       
                as illustrated, inter alia, by Specification Figs. 1-3, has a bundle of parallel                
                catalyst tubes 2 aligned in the longitudinal direction and fixed by tube plates                 
                3, and one or more deflection plates 6 arranged perpendicular to the catalyst                   
                tubes in the intermediate spaces between the tubes with passages 7 located                      
                alternatively next to the interior wall on opposite sides of the reactor                        
                (Specification 12).  Thus, the reactor has a “wall,” shell, or jacket                           
                surrounding the bundle of parallel catalyst tubes.  Claim 1 further specifies                   
                passing any liquid heat transfer medium 25 through the intermediate space                       
                around the catalyst tubes “in a defined, virtually purely transverse flow of                    
                the liquid heat transfer medium against the catalyst tubes.”  There is no                       
                limitation specifying any specific process parameter, such as catalyst                          
                packing, temperature, and pressure.                                                             
                       The Specification discloses it is “a shell-and-tube reactor which has                    
                no tubes in the region of the passages” that achieves the specified “defined,                   
                virtually purely transverse flow of the liquid heat transfer medium” as                         
                claimed in claim 1 (Specification 3:27-35).  One of ordinary skill in this art                  
                readily knows that a “shell-and-tube” reactor has several parallel catalyst                     
                tubes in a bundle surrounded by a shell, that is, a wall or jacket, for heat                    
                transfer purposes, the basic design of which can be gleaned from the shell-                     
                and-tube reactors illustrated in the Specification Figs. and, for example, in                   
                Smith’s Fig. 1.  In contrast, the claims do not encompass a tubular reactor in                  
                which a single tube is surrounded by a shell, wall or jacket for heat transfer                  


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