Ex Parte Costa et al - Page 2

                 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.                                            

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