Ex parte JOHNSON et al. - Page 2




                 Appeal No. 96-0797                                                                                                                     
                 Application No. 08/089,962                                                                                                             


                          The subject matter on appeal is directed to an on-line                                                                        
                 Modified Palmrose method for detecting and monitoring                                                                                  
                 oxidation in a flue gas desulfurization system.                                                                                        


                          This subject matter is adequately illustrated in claim 1                                                                      
                 which is reproduced below:                                                                                                             
                 1.       An on-line method for detecting and monitoring oxidation                                                                      
                 in a flue gas desulfurization system, the method comprising                                                                            
                 the steps of:                                                                                                                          
                          locating an oxidation monitor in a circulation loop of an                                                                     
                          absorber tower of the system for accessing a sample                                                                           
                                   solution;                                                                                                            
                          drawing the sample solution to the oxidation monitor;                                                                         
                          performing an iodiometric titration on the sample in the                                                                      
                          oxidation monitor;                                                                                                            
                          causing the sample to exhibit a color change; and                                                                             
                          determining a sulfite/bisulfite concentration based on                                                                        
                 color             change.                                                                                                              
                          The examiner has relied upon the following references and                                                                     
                 evidence in support of the rejection :                           2                                                                     

                          2We note that the examiner refers to U.S. Patent                                                                              
                 4,010,239 issued to Dor on March 1, 1977 at pages 6 and 7 of                                                                           
                 the Answer.  It is not among the references listed in the                                                                              
                 statement of rejection.  "Where a reference is relied on to                                                                            
                 support a rejection, whether or not in a 'minor capacity,'                                                                             
                 there would appear to be no excuse for not positively                                                                                  
                 including the reference in the statement of the rejection."                                                                            
                                                                           2                                                                            





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