Ex parte SOLLERS et al. - Page 7




          Appeal No. 1997-3383                                                        
          Application No. 08/310,052                                                  


          this control test example, much less the modifications of the               
          example required to meet the terms of the appealed claims.  In              
          this regard, we hasten to add that control test 18 in                       
          Maegerlein is not an anticipatory process of the appealed                   
          claims since both the waste gas and a pH-adjusted water                     
          (dilute aqueous sulfuric acid) is introduced at the upper end               
          of the vertical tubular reactor.  Moreover, there is no                     
          indication that the dilute aqueous sulfuric acid is sprayed                 
          down over the packing as required by the specific language of               
          the appealed claims.                                                        




               The decision of the examiner is reversed.                              
                                      REVERSED                                        




                         JOHN D. SMITH       )                                        
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                          7                                           





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