Ex Parte FRUTSCHI et al - Page 4




         Appeal No. 2003-0213                                                       
         Application No. 09/255,712                                                 

         (see Figure 1) includes a compressor 17, a combustion chamber 3,           
         a mixing chamber 1, a steam generator 18, a gas turbine 19, a              
         feed water pre-heater 20, a condenser 21, an air decomposition             
         device 24 for producing O2, and a liquefier 23.  Similarly, the            
         Goto plant (see Figure 1) includes a compressor 1, a combustion            
         chamber 3, a gas turbine 2, a boiler 5, a condenser 8, an O2               
         manufacturing apparatus and compressor 11 and 12, and a                    
         liquefier-separator 14.  Of particular interest are Gruel’s                
         liquefier 23 and Goto’s liquefier-separator 14.                            
              Greul teaches that the liquefier 23 functions to separate,            
         fluidize (i.e., liquify) and discharge excess CO2 gas extracted            
         from the main CO2 cycle (see pages 3, 7 and 11 in the                      
         translation).                                                              
              Likewise, Goto teaches that the liquefier-separator 14 acts           
         in conjunction with an extraction line 13 to separate, liquify             
         and discharge excess CO2 gas extracted from the main CO2 cycle,            
         explaining that the amount of CO2 gas extracted corresponds to             
         the amount of O2 fed into the system upstream of the combustion            
         chamber 3 (see pages 2 and 7 through 12 in the translation).               
              In determining that the subject matter recited in claims 1            
         and 29 is anticipated by Greul and that the subject matter                 
         recited in claim 1 is additionally anticipated by Goto, the                


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