Ex Parte WAGNER et al - Page 2




          Appeal No. 2002-1596                                                        
          Application No. 09/284,701                                                  


          trioxide and nitrosyl sulfuric acid (Brief, page 2).1  A copy of            
          the claims on appeal may be found in the Appendix to appellants’            
          Brief.                                                                      
               In addition to the admitted prior art found on pages 1-2 of            
          appellants’ specification, the examiner has relied upon the                 
          following references as evidence of obviousness:                            
          Drechsel et al. (Drechsel ‘586)  3,525,586          Aug. 25, 1970           
          Drechsel et al. (Drechsel ‘900)  3,656,900          Apr. 18, 1972           
               The claims on appeal stand rejected under 35 U.S.C. § 103(a)           
          as unpatentable over appellants’ “description of the prior art set          
          forth on pg.s [sic] 1 and 2 in the specification” and Drechsel              
          ‘586, further in view of Drechsel ‘900 (Answer, page 4).  We                
          reverse the rejection on appeal essentially for the reasons stated          
          in the Brief, Reply Brief, and those reasons set forth below.               
          OPINION                                                                     
               The examiner finds that Drechsel ‘586 describes a process for          
          producing sulfuric acid from sulfur trioxide containing gas leaving         
          a catalytic oxidizer, where the sulfur trioxide and steam                   
          containing gas is contacted with sulfuric acid in an absorber 33            
          after the gas has been cooled to a temperature of 130°C. in a heat          

               1All reference to and citation from the Brief refers to the            
          Corrected Appeal Brief dated Mar. 5, 2002, Paper No. 21.                    
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