Ex Parte FAGIOLINI et al - Page 6


         Appeal No. 2004-2028                                                       
         Application No. 09/423,746                                                 

         hydroxycarbonate,...wherein said inhibitor is present in amount by         
         weight of greater than 0.5% of the weight of sodium bicarbonate.”          
              To remedy these deficiencies in claim 1 of Fagiolini ‘567, the        
         examiner relies on the disclosure of Regler.  We find that Regler          
         teaches a fine powder mixture useful for removing acidic                   
         components, such as hydrogen chloride and sulfur dioxide, in waste         
         gases resulting from the burning of wastes.  See pages 1 and 4.  We        
         find that Regler teaches forming the powder mixture by adding a            
         basic alkaline earth compound, such as magnesium oxide and/or              
         magnesium hydroxide, as well as a surface active substance, such as        
         brown coal-health furnace coke (lignite coke), to sodium hydrogen          
         carbonate (sodium bicarbonate).  See page 4.  The fraction of the          
         surface active substance in the mixture is preferably 1 to 10 wt%.         
         See page 5.  The fraction of the basic alkaline earth compound             
         employed, such as magnesium oxide and/or magnesium hydroxide, is           
         greater than 0.5 wt%. See page 4, together with page 7.  According         
         to Regler (page 4), the use of such mixture provides “substantial          
         advantage” in the removal of the acid components from the waste            
         gases.                                                                     
              Given the advantage of adding the claimed amount of magnesium         
         oxide, magnesium hydroxide and/or lignite coke to sodium                   
         bicarbonate to form a powder mixture useful for removing, inter            
         alia, hydrogen chloride from burned or smoke waste gases, we concur        
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