Ex parte JOHNSON et al. - Page 1





                               THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                
              The opinion in support of the decision being entered today (1) was not written for                           
              publication in a law journal and (2) is not binding precedent of the Board.                                  

                                                                                      Paper No.  10                        

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                      __________                                                           
                                    BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                          
                                                      __________                                                           
                   Ex parte DENNIS W. JOHNSON, PERVAJE A. BHAT and THOMAS R. GOOTS                                         
                                                      __________                                                           
                                                  Appeal No. 97-2914                                                       
                                               Application no. 08/448,0601                                                 
                                                       __________                                                          
                                                        ON BRIEF                                                           
                                                       __________                                                          
              Before DOWNEY, WILLIAM F. SMITH and LORIN, Administrative Patent Judges,                                     
              DOWNEY, Administrative Patent Judge.                                                                         

                                                 DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. ' 134 from the final rejection of claims 9-14.                      
                     Claim 9, the only independent claim, is illustrative of the subject matter on appeal and reads as     
              follows:                                                                                                     



                     A system for removing SO3 and SO2 from a flue gas produced by the burning of a fossil fuel,           
                            comprising:                                                                                    
                                                                                                                           
              1 This application is a divisional continuation of US appl. no. 08/235,597, filed April 29, 1994.  The claims of
              08/235,597 also are the subject of appeal no. 97-1551, which is being decided concurrently with the instant  
              appeal.                                                                                                      





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