Appeal 2007-0173 Application 10/438,024 reacting said chlorine dioxide with an aqueous solution of alkali metal hydroxide and hydrogen peroxide in a second reaction zone while a subatmospheric pressure is applied to said second reaction zone, said subatmospheric pressure being provided by a liquid eductor to which said aqueous solution of alkali metal hydroxide and hydrogen peroxide is fed to a liquid inlet while said chlorine dioxide is fed to a gaseous inlet, whereby said liquid eductor constitutes said second reaction zone, and recovering an aqueous solution of alkali metal chlorite having an improved purity from said second reaction zone. The Examiner relies upon the following references as evidence of obviousness: Fuller US 3,816,077 Jun. 11, 1974 Mason US 5,639,559 A Jun. 17, 1997 Dick US 6,251,357 B1 Jun. 26, 2001 Appellants’ claimed invention is directed to a method of making an alkaline metal chlorite comprising generating chlorine dioxide by reducing chlorate ions with methanol in a first reaction zone, and then reacting the produced chlorine dioxide with an aqueous solution of alkali metal hydroxide and hydrogen peroxide in a second reaction zone under a subatmospheric pressure. A liquid eductor provides the subatmospheric pressure and constitutes the second reaction zone. According to Appellants, “[t]he present invention is directed towards the manufacture of high purity alkaline metal chlorite, preferably sodium chlorite, using a simple, less capital intensive process than described in the prior art, without any necessity for purification of the final product” (Br. 4 ¶ 2). Appealed claims 1-4 and 7-9 stand rejected under 35 U.S.C. § 103 as being unpatentable over Dick in view of Fuller and/or Mason. 2Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007