Ex Parte Costa et al - Page 1



                   The opinion in support of the decision being entered today was not written                            
                            for publication and is not binding precedent of the Board.                                   

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                    ____________                                                         
                                BEFORE THE BOARD OF PATENT APPEALS                                                       
                                              AND INTERFERENCES                                                          
                                                    ____________                                                         
                 Ex parte MARIO LUIS COSTA, GERALD COWLEY, and CHUNMIN PU                                                
                                                    ____________                                                         
                                                  Appeal 2007-0173                                                       
                                               Application 10/438,024                                                    
                                              Technology Center 1700                                                     
                                                    ____________                                                         
                                            Decided: December 13, 2006                                                   
                                                    ____________                                                         

                 Before KIMLIN, GARRIS, and KRATZ, Administrative Patent Judges.                                         
                 KIMLIN, Administrative Patent Judge.                                                                    

                                              DECISION ON APPEAL                                                         
                        This is an appeal from the final rejection of claims 1-4 and 7-9.  Claim                         
                 1 is illustrative:                                                                                      
                                1.  A method of producing an alkali metal chlorite having an                             
                        improved purity compared to that expected based on the composition                               
                        of chlorine dioxide generator off-gas, which comprises:                                          
                                effecting generation of chlorine dioxide by reducing chlorate                            
                        ions with methanol to chlorine dioxide in an aqueous acid reaction                               
                        medium in a first reaction zone,                                                                 





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