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              publication in a law journal and (2) is not binding precedent of the Board.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     

                     A system for removing SO3 and SO2 from a flue gas produced by the burning of a fossil fuel,           
              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  

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