Ex parte JOHNSON et al. - Page 2


              Appeal No. 97-2914                                                                                           
              Application No. 08/448,060                                                                                   


                            a duct supplying a flue gas containing SO3 and SO2;                                            
                            particulate collection means for removing particulates from the flue gas to produce            
                            partially cleaned flue gas;                                                                    
                            flue means for conveying the partially cleaned flue gas from the particulate collection        
                            means;                                                                                         
                            means for injecting an amount of dry sorbent having a particle size range larger than          
                            approximately 1.0 B 2.0 microns into the flue gas conveyed within the flue means that is       
                            sufficient to react with and remove substantially all of the SO3 from the partially cleaned    
                            flue gas to produce a substantially SO3-free flue gas containing reacted dry sorbent and       
                            unreacted dry sorbent; and                                                                     
                            wet scrubber means for removing SO2 from the substantially SO3-free flue gas, the wet          
                            scrubber means wetting both the reacted and unreacted dry sorbent in the substantially         
                            SO3-free flue gas, thereby making the unreacted dry sorbent available as a wet reagent         
                            for SO2 removal, the wet reagent reacting with the SO2 in the wet scrubber means to            
                            remove SO2 from the substantially SO3-free flue gas.                                           
                     The references relied upon the examiner are:                                                          
              Cyran et al. (Cyran)               4,555,391             November 26, 1985                                  
              British Patent (Steag)       1,589,999             May 28, 1981                                              
              Kohl et al. (Kohl), Gas Purification, 4th ed., Gulf Publishing Company  (1985), pp. 302, 303, and 306-       
              320.                                                                                                         
                                                        Rejections                                                         
              Claims 9-14 stand rejected under 35 U.S.C. ' 103.  The examiner relies upon Kohl, Cyran, Steag, and          
                     appellants= admission as evidence of obviousness.  We reverse the rejection and institute new         
                     grounds of rejection under 37 C.F.R.          ' 1.196(b).                                             


                                                     The claims at issue                                                   
              Claim 9, representative of the claims on appeal, is directed to a system for removing SO3 and SO2 from       
                     a flue gas produced by burning fossil fuel comprising, as summarized below:                           

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