Ex parte JOHNSON et al. - Page 3


                  Appeal No. 1997-1551                                                                                                                       
                  Application No. 08/235,597                                                                                                                 

                                    reacting the wet reagent with the SO2 in the wet scrubber means to remove SO2 from                                       
                                    the substantially SO3-free flue gas conveyed to the wet scrubber means.3                                                 
                           The references relied upon the examiner are:                                                                                      
                  Peterson et al. (Peterson), APilot-Scale Evaluation of Sorbent Injection to Remove SO3 and HCl@,                                           
                  Proceedings:  1991 SO2 Control Symposium (December 2-3, 1991), pp. 6A-1 to 6A-22.                                                          
                  Kohl et al. (Kohl), Gas Purification, 4th ed., Gulf Publishing Company  (1985), pp. 302, 303, and 306-                                     
                  320.                                                                                                                                       
                  British Patent (Steag)               1,589,999                   May 28, 1981                                                              



                                                                       Rejections                                                                            
                  Claims 1-6 stand rejected under 35 U.S.C. ' 103.  With respect to claim 1, the examiner                                                    
                           relies upon Kohl, Steag, and appellants= admission as evidence of obviousness.                                                    
                           With respect to claims 1-6, the examiner relies upon Kohl, Steag, appellant=s                                                     
                           admission, and Peterson as evidence of obviousness.1  We reverse both grounds of                                                  
                           rejection and institute new grounds of rejection under 37 C.F.R. ' 1.196(b).                                                      
                                                                   The claims at issue                                                                       
                  Claim 1, representative of the claims on appeal, is directed to a method of removing SO3 and SO3 from                                      
                           a flue gas produced by burning fossil fuel comprising the steps summarized as follows:                                            
                           providing flue gas containing SO3 and SO3 produced by burning fossil fuel;                                                        
                           sending the flue gas to particulate collection means for collecting and removing particles from the                               
                                    flue gas to produce a partially cleaned flue gas;                                                                        
                           injecting dry sorbent into the partially cleaned flue gas, wherein                                                                
                                                                                                                                                            
                  3 Claim 1 is reproduced here as it appears in the April 25, 1996 Amendment After Final Rejection, which                                    
                  was approved by the examiner in the May 6, 1996 Advisory Action.                                                                           

                                    3                                                                                                                        





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