Ex parte JOHNSON et al. - Page 3


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

                     a duct supplying a flue gas containing SO3 and SO2;                                                   
                     a particulate collection means for removing particulates from the flue gas to produce a partially     
                            cleaned flue gas;                                                                              
                     flue means for conveying the partially clean flue gas from the particulate means (Fig. 7-2);          
                     means for injecting dry sorbent into the partially cleaned flue gas within the flue means, wherein    
                            the dry sorbent has a particle size range larger than approximately 1.0 microns2,              
                            the amount of dry sorbent is sufficient to react with and remove substantially all of the      
                                    SO3 in the flue gas, and                                                               
                            the substantially SO3-free flue gas contains both reacted and unreacted sorbent;               
                     wet scrubber means for removing SO2 from the substantially SO3-free flue                              
                     gas, which B                                                                                          


                            wets and removes the reacted sorbent and unreacted sorbent from the substantially              
                                    SO3-free flue gas,                                                                     
                            makes a wet reagent with the unreacted dry sorbent,                                            
                            the wet reagent reacting with the SO2 in the wet scrubber means to remove SO2 from             
                                    the substantially SO3-free flue gas.                                                   
                                   Prior art cited by the examiner as evidence of obviousness                              
              The examiner relies upon Kohl as the primary reference.  Kuhl teaches:                                       


                                                                                                                           
              2 Claim 9 provides for a particle range larger than approximately 1.0-2.0 microns, but as noted below, that  
              limitation is indefinite. For the purpose of considering the rejections under 35 U.S.C. ' 103, claim 9 is    
              interpreted in a manner that renders it definite. See Ex parte Ionescu, 222 USPQ 537, 540 (BPAI 1984).       

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