Ex parte MORGAN - Page 2




         Appeal No. 1996-1158                                                      
         Application No. 08/077,599                                                


         and 35 stand allowable over the prior art of record, but are              
         objected to for depending upon a rejected claim.                          
              According to appellant (Brief, page 5), “rejected claims             
         6 through 11, 13, 22, 33, 34 and 36 stand [or fall] together              
         in the first group.”  Therefore, for purposes of this appeal,             
         we will limit our discussion to the broadest independent claim            
         on appeal, claim 33, in accordance with 37 CFR §                          
         1.192(c)(5)(1993).  Claim 33 reads as follows:                            
              33.  A process for producing carbon black comprising:                
         (a) forming a combustion gas stream by reacting a fuel                    
              with a first oxidant;                                                
         (b) reacting a first carbon black yielding feedstock                      
              with the combustion gas stream to form a reaction                    
              stream containing a first carbon black;                              
         (c) reacting the reaction stream of step (b),                             
              downstream, with a second oxidant and a second                       
              carbon black yielding feedstock to produce                           
              additional carbon black;                                             
         (d) carrying out the process of steps (a), (b) and (c)                    
              so that the amount of fuel utilized per pound of                     
              carbon black produced by the process of steps (a),                   
              (b) and (c) is less than the fuel utilized per pound                 
              of carbon black to form the first carbon black                       
              produced by the process of steps (a) and (b);                        
         (e) cooling, separating and recovering the carbon black                   
              formed by the process of steps (a) through (d).                      
              The prior art references of record relied upon by the                
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