Appeal No. 94-2858
Application 07/873,715
pages 9 and 10. However, as adequately explained in appellants’
Brief and Reply Brief, the spent liquor stream in McDaniel does
not have a reduced free caustic concentration in relation to the
alkali solution used for digesting the bauxite. This is because
spent liquor results from the known precipitation step which
increases, not reduces, the free caustic in the solution.
Particularly see the chemical equations set forth in the Reply
Brief at page 3. Moreover, we point out that spent liquor stream
80 in the McDaniel process is compositionally identical to stream
93 used as a recycle for digesting the bauxite. Accordingly, we
reject the examiner’s contention that the process claimed on
appeal ?reads on? the process described by McDaniel. Since the
examiner has failed to explain how the Yamada disclosures remedy
the basic defect in the stated rejection, we are constrained to
reverse the rejection of the appealed claims under 35 USC § 103.
The decision of the examiner is reversed.
REVERSED
)
JOHN D. SMITH )
Administrative Patent Judge )
)
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