Ex parte JOSEPH et al. - Page 4




                 Appeal No. 94-4357                                                                                                                     
                 Application No. 07/739,050                                                                                                             


                          directing at least a portion of the purged exhaust gas                                                                        
                 portion to surround the pulp during at least part of said pulp                                                                         
                 consistency increasing step, thereby displacing ambient air                                                                            
                 thereby reducing the nitrogen about the pulp with said exhaust                                                                         
                 gas;                                                                                                                                   
                          filling voids between individual particles of said pulp                                                                       
                 with said exhaust gas as the consistency of the pulp is                                                                                
                 increased;                                                                                                                             
                          directing said increased consistency pulp with voids                                                                          
                 filled by said exhaust gas to the pulp bleaching step; and                                                                             
                          directing said recycle gas into the ozone generator to                                                                        
                 provide at least a portion of said oxygen containing feed gas.                                                                         
                          The references of record  relied upon by the examiner are:2                                                                                  
                 Gessner                                               3,525,665                                    Aug. 25,                            
                 1970                                                                                                                                   
                 Samuelson                                                      3,764,464                                    Oct.                       
                 09, 1973                                                                                                                               
                 Fritzvold et al. (Fritzvold)                                   4,279,694                                    Jul.                       
                 21, 1981                                                                                                                               
                 Namba et al. (Namba)                                  4,430,306                                    Feb. 07,                            
                 1984                                                                                                                                   
                 Griggs et al. (Griggs)                                5,164,043                                    Nov. 17,                            
                 1992                                                                                                                                   
                 Tritschler et al. (Tritschler), “Commercial Manufacture and                                                                            
                 Industrial Use of Ozone as an Oxidant,” Ozone Technology                                                                               

                          2At page 2 of the Answer, the examiner inadvertently                                                                          
                 refers to a Canadian Patent as the only prior art “relied upon                                                                         
                 in the rejection [sic, rejections] of claims under appeal.”                                                                            
                 However, the actual rejections set forth by the examiner at                                                                            
                 pages 2 through 5 of the final rejection and pages 3 through 8                                                                         
                 of the Answer indicate that the examiner is relied upon the                                                                            
                 prior art references listed herein.  This conclusion is also                                                                           
                 supported by appellants’ Brief and Reply Brief.                                                                                        
                                                                           4                                                                            





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