Ex parte KARNER et al. - Page 6




          Appeal No. 1997-0664                                                        
          Application No. 08/280,945                                                  


          thorough treatment of all the issues, we find ourselves in                  
          agreement with the appellants that the subject matter of the                
          appealed claims would not have been prima facie obvious to one              
          of ordinary skill in the art within the meaning of 35 U.S.C. §              
          103 over the applied prior art references.  Accordingly, we                 
          reverse.                                                                    
               The examiner correctly summarizes the teachings of                     
          Holley, the principal prior art reference, as follows:                      
                    Holley et al disclose a method for producing pre                  
               metallic oxides by dissolving the metal or oxide in                    
               heated dilute hydrochloric acid to form metallic                       
               chloride in a water solution (which solution may                       
               instead, be a waste product from a steel strip                         
               pickling line) (note abstract).  The solution is                       
               passed to a throat venturi scrubber.  The venturi                      
               acts as a heat exchanger to extract heat from the                      
               hot off gas stream coming from the reaction zone                       
               (note column 3, lines                                                  
               3-10).  The gas leaves the venturi scrubber and goes                   
               to the adiabatic absorber.  The concentrated                           
               solution is sprayed into the reaction zone by using                    
               the bi-fluid nozzles 23.  The thermal decomposition                    
               of ferrous and ferric chloride is accomplished by                      
               atomizing the concentrated metallic solution into                      
               small droplets, in the presence of oxygen and water                    
               vapor.  The heat required to vaporize the water and                    
               thermally decompose the metal chloride can be                          
               provided directly by introducing the products of                       
               combustion into the reaction chamber or roaster                        
               (i.e. spray roasting reactor as required in the                        
               instant claim 4) at a temperature of about 2500EF                      
               (1371EC).  The combustion gas is generated by burning                  
               a gaseous oil or fuel (note column 3, lines 17-42).                    
               [Answer, pp. 3-4.]                                                     
               The examiner also correctly determines that Holley’s                   
          process differs from the process of the appealed claims in the              
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