Ex Parte Moffett - Page 2




          Appeal No. 2003-1274                                                        
          Application No. 09/802,712                                 Page 2           


               Appellant maintains that there are incorrect statements at             
          page 4 of our decision.  One of the alleged incorrect statements            
          relates to the examiner’s findings concerning Davis, including              
          the finding of a disclosure of the addition of a flocculant to a            
          second pH adjusted stream in Davis and our observation that                 
          appellant did not dispute those findings.  The other alleged                
          incorrect statement is concerned with the disclosure of a                   
          preferred anionic acrylamide polymer flocculant in Davis and our            
          observation of appellant’s notation of such disclosure.                     
               As to the first of the alleged incorrect statements,                   
          appellant seemingly suggests, in the request, that Davis does not           
          disclose adding a flocculant to the second pH adjusted stream.              
          We can not agree.  Davis (column 1, line 49 through column 2,               
          line 2) suggests “further processing with suitable flocculating             
          agents” after a pH readjusting (second pH adjusting) step.                  
               Concerning the second of the alleged incorrect statements              
          about a preferred anionic acrylamide flocculant, we note that               
          Davis (column 2, lines 3-6) describes “flocculating agents I                
          prefer to use in the practice of my invention comprise a group of           
          anionic acrylamide polymers . . . .”  Appellant may be correct              
          that Davis does not explicitly mention a cationic polyacrylamide            
          for comparison; however, Davis does describe “suitable                      







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