Appeal No. 1997-0844 Application No. 08/269,979 dihydrate cake (of gypsum) is washed with water to achieve a final by-product (Answer, page 3). The examiner concludes that it would have been obvious “to employ the [process] water disclosed at column 4, lines 42-46 of Zibrida as the gypsum wash water in the process of Davister et al because Davister et al suggest that any suitable water may be used, and the pH of the waste water effluent of Zibrida would be about 7.” (Answer, page 3). The examiner’s proposed combination of references is flawed for two reasons. First, Davister does not suggest that any water can be used as a wash water for the gypsum filter cake but specifically teaches that “[t]he thus-formed calcium sulphate cake in filter 30 is then subjected to washing with hot water, as shown by arrow 41.” (col. 6, ll. 40-42). The examiner has not shown by convincing evidence or reasoning that the process water of Zibrida would have been considered “hot water” sufficient to wash the filter cake of Davister. Second, Zibrida teaches that the pH of the effluent of his double neutralization process is only adjusted by addition of acid “[i]f it is desired to discharge the effluent into the environment ...” (Col. 4, ll. 42-46). Accordingly, if the 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007