Ex Parte ARIAS - Page 2



          Appeal No. 2000-0012                                                        
          Application No. 09/024,413                                                  

               stacking the treated ore in a heap less than twelve meters             
          high;                                                                       
               irrigating said heap with a dilute aqueous solution                    
          consisting essentially of sulphuric acid and sodium nitrate to              
          produce a leach product, whereby said sodium nitrate is consumed            
          in the production of the leach product;                                     
               collecting said leach product from said heap; and                      
               recovering metal from said leach product by electrolysis to            
          produce a depleted leach product.                                           
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Stetefeldt                         287,787          Oct. 30, 1883           
          (Patent Specification)                                                      
          Mackay                             1,737,425        Nov. 26, 1929           
          Keyes                              2,009,667        Jul. 30, 1935           
          Abell et al. (Abell)               3,269,832        Aug. 30, 1966           
          Carnahan et al. (Carnahan)         3,912,330        Oct. 14, 1975           
          Kintaichi et al. (Kintaichi)       5,336,476        Aug.  9, 1994           
          Altaev et al. (SU '761)            SU 1581761       Jul. 30, 1990           
          (Soviet Union Inventor's Certificate)                                       
               Appellant's claimed invention is directed to a method for              
          removing metal, such as copper, from sulphide ore without adding            
          gaseous oxygen and without producing NOx gases.  The method                 
          involves agglomerating crushed ore by treating with concentrated            
          sulphuric acid and stacking the ore in what is known in the art             
          as a heap.  The heap is irrigated with a dilute aqueous solution            
          of sulphuric acid and sodium nitrate which produces a leach                 


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