Ex Parte WAGNER et al - Page 3




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


          exchanger 8 (Answer, paragraph bridging pages 4-5, citing Figure 1          
          of Drechsel ‘586).2  The examiner recognizes that Drechsel ‘586             
          fails to disclose that nitrosyl sulfuric acid is present in a gas           
          stream in the sulfuric acid manufacturing process (Answer, pages 5          
          and 7).                                                                     
               To remedy this deficiency in Drechsel ‘586, the examiner cites         
          appellants’ description of the prior art on pages 1-2 of the                
          specification which “discloses that nitrosyl sulfuric acid is a             
          common contaminant in sulfuric acid manufacturing processes.”               
          Answer, page 5.  From these findings, the examiner concludes that           
          it would have been obvious to one of ordinary skill in the art at           
          the time of appellants’ invention that nitrosyl sulfuric acid was a         
          “conventional and common contaminant in sulfuric acid manufacture           
          processes.”  Id.  The examiner also concludes that “it is fully             
          expected that the same sulfur trioxide containing gases will                
          inherently contain the same nitrosyl sulfuric acid set forth in the         
          Applicants’ claims” and thus “will inherently also be condensed out         




               2The examiner applies Drechsel ‘900 to show a similar                  
          process to that of Drechsel ‘586, where the cooling temperature             
          is recited as 140°C. (Answer, page 6, citing col. 5, ll. 20-27,             
          of Drechsel ‘900).  Therefore Drechsel ‘900 does not remedy the             
          deficiencies in the examiner’s rejection discussed infra.                   
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