Ex parte JOHNSON et al. - Page 6


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

                                                   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 Cyran, Steag, and appellants= Aadmission@ 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 teachings of Steag and the Aadmission@ of appellants.                                                                             
                                         The examiner relies upon Steag to show means for removal of SO3 from flue gas by dry                                                  
                                                   gas cleansing (p. 2, lines 4-13).                                                                                           
                                         b.        The examiner further relies upon appellants= Aadmission@ as suggesting the                                                  
                                                   desirability of removing substantially all the SO3 from the flue gas.                                                       
                                                   The examiner points to appellants= Aadmission@ at p. 5, lines 3 and 4, of the                                               
                                                             specification that A(i)t is well-known in the pollution control field that a                                      
                                                             wet scrubber does not effectively remove SO3 from flue gas.@                                                      
                                                   ii.       The examiner further notes that SO3 is corrosive.                                                                 
                                                   In light of the Aadmission@ and the corrosiveness of SO3, the examiner                                                      
                                                             concludes that it would have been obvious Ato remove the corrosive                                                

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