Ex parte HARTMANN - Page 2




                 Appeal No. 1998-2248                                                                                                                   
                 Application No. 08/552,407                                                                                                             


                single stage separation is accomplished on the output from the                                                                          
                fluidized bed chlorinator with the underflow from a                                                                                     
                hydrocyclone recycled to the chlorination process (Brief, pages                                                                         
                2-3).   A copy of illustrative claims 1 and 9 is attached as an2                                                                                                                              
                Appendix to this decision.                                                                                                              
                         The examiner has relied upon the following references as                                                                       
                evidence of obviousness:                                                                                                                
                Oppegaard et al. (Oppegaard)      3,050,362       Aug. 21, 1962                                                                         
                Hildreth                          3,227,545       Jan. 4, 1996                                                                          
                Paige et al. (Paige), “Physical Beneficiation of Titanium Plant                                                                         
                Solid Wastes: Recovery of Titanium Minerals and Coke,” Bureau                                                                           
                of Mines Report of Investigations, pp. 1-23 (1982).                                                                                     
                         Claims 1 and 4-8 stand rejected under 35 U.S.C. § 103 as                                                                       
                unpatentable over Paige (Answer, page 4).  Claims 2, 9 and 11-                                                                          
                16 stand rejected under 35 U.S.C. § 103 as unpatentable over                                                                            
                Paige in view of Hildreth (Answer, pages 8 and 10).   Claims 3                             3                                            
                and 10 stand rejected under 35 U.S.C. § 103 as unpatentable                                                                             


                          2All citations to the Brief refer to the substitute Brief                                                                     
                 dated Dec. 22, 1997, Paper No. 16.                                                                                                     
                          3In the interest of judicial economy, we have grouped the                                                                     
                 rejections of claim 2 and claims 9 and 11-16 together since                                                                            
                 these claims were rejected under section 103 over the same                                                                             
                 combination of references.  We do likewise for the rejections                                                                          
                 of claims 3 and 10 infra.                                                                                                              
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