Ex parte RIJKEBOER et al. - Page 4




          Appeal No. 94-2858                                                          
          Application 07/873,715                                                      


          solid/liquid separation to produce a liquid having a reduced free           
          caustic concentration for use in the second digestion stage.                
          This has the effect of reducing corrosion on the downstream                 
          process equipment.  See the specification at page 5, lines 1                
          through 10.  Moreover, this feature is clearly set forth in steps           
          (b) and (c) of appealed claim 53 which indicate that the liquid             
          phase, after separation, has a reduced free caustic concentration           
          in relation to that of the alkali solution, and that at least a             
          portion of this liquid phase having the reduced free caustic                
          concentration is preheated prior to recombination with the                  
          solid/liquid slurry stream before the second digestion stage.  It           
          is this claimed feature which distinguishes the subject matter              
          defined by the appealed claims from that of the conventional                
          Bayer process as well as that of the applied references,                    
          particularly the McDaniel reference.                                        
               It appears to be the basic position of the examiner that the           
          Figure 2 embodiment of McDaniel ?reads on? the process defined by           
          appealed claim 53.  We cannot subscribe to the examiner’s                   
          position.  More particularly, the examiner argues that the spent            
          liquor stream 80 in the McDaniel process corresponds to the                 
          claimed ?liquid phase having a reduced free caustic concentration           
          in relation to that of the alkali solution?.  See the Answer at             

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