Ex parte JOHNSON et al. - Page 6


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

                                              the in-situ injection of limestone (CaCO3) directly into the furnace.  Contrary to                             
                                              that description, the presently claimed invention includes a particulate collection                            
                                              means which would work against the process described in Kohl by intercepting                                   
                                              the lime particles after they leave the furnace and before they enter the wet                                  
                                              scrubber.  Kohl also discounts the in-situ process because of Anumerous                                        
                                              operational problems@ in the same paragraph.                                                                   
                                    Kohl discloses the Aconcept of combining fly ash particulate removal with the SO2                                        
                                              removal scrubber@ as offering Aa very large potential for cost savings by                                      
                                              eliminating the need for an electrostatic precipitator or baghouse@, but Kohl                                  
                                              also lists several drawbacks to that concept (para. Bridging pp. 307 and 309).                                 
                                              In any case, the presently claimed invention captures the fly ash in                                           






                                              the particulate collection means before it reaches the dry sorbent and wet                                     
                                              scrubber stages.                                                                                               
                           Kohl does not teach that the dry sorbent particles are larger than 1.0 micron.                                                    
                  The Examiner cites appellants= Aadmission@, Steag, and Peterson as secondary references to account                                         
                           for the differences between Kohl and the claimed invention.                                                                       
                           The examiner addresses the claimed removal of substantially all the SO3 from the flue gas with                                    
                                    the Aadmission@ of appellants and the teachings of Peterson.                                                             
                                    The examiner relies upon appellants= Aadmission@ as suggesting the desirability of                                       


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