Appeal No. 1998-0387
Application 08/566,192
The appealed claims are drawn to a system (claims 1, 2,
10 and 11) or method (claims 7, 8 and 12) for removing
contaminants from a flue gas, and are reproduced in Appendix A
of appellants’ brief.
The references applied in the final rejection are:
Hilger 1,861,158 May 31, 1932
Berman 3,473,298 Oct. 21, 1969
Warner 4,705,101 Nov. 10, 1987
Marchand et al (Marchand) 5,080,696 Jan. 14, 1992
The claims on appeal stand finally rejected under 35 USC
§ 103(a) as unpatentable over the following combinations of
references:
(1) Claims 1, 2, 7 and 8, Berman in view of Marchand and
Hilger;
(2) Claims 10 to 12, Berman in view of Marchand, Hilger and
Warner.
Rejection (1)
We will first consider appellants’ contention (brief,
page 14) that Hilger is nonanalogous art.
A reference is analogous art if it satisfies one of two
criteria: (1) it is from the same field of endeavor as that of
the applicant, or (2) if not, it is reasonably pertinent to
2
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