Appeal 2006-1516
Application 10/025,002
temperature of 1200°C - 1375°C; reacting the sulfur, silica and carbon with
the phosphate ore such that the resulting reactions of both carbon and sulfur
with the phosphate ore reduce the phosphorous content in the phosphate ore
by 95% to form phosphorous gas which is ultimately oxidized to phosphorus
pentoxide, wherein the reduction of the phosphate ore occurs within said
temperature range and within a residency time period of two hours or less;
and converting the phosphorus pentoxide to phosphoric acid.
The Examiner relies upon the following references as evidence of
obviousness:
Lapple US 3,235,330 Feb. 15, 1966
Galeev SU 1,370,073 Jan. 30, 1988
Appellants’ claimed invention is directed to a method of producing
phosphoric acid from phosphate ore. The method involves mixing a source
of carbon, sulfur, which may be in the carbon source, and silica with the
phosphate ore, and heating the mixture at the recited temperature to react the
components such that the phosphorus content in the ore is reduced by 95%
in the formation of phosphorus gas. The phosphorus gas is oxidized to
phosphorus pentoxide which is then converted to phosphoric acid.
Appealed claims 1-12 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Lapple in view of Galeev.
Appellants have not set forth an argument that is reasonably specific
to any particular claim on appeal. Accordingly, all the appealed claims
stand or fall together with claim 1.
We have thoroughly reviewed each of Appellants’ arguments for
patentability, as well as the Declaration evidence relied upon in support
thereof. However, we are in complete agreement with the Examiner’s
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