Ex Parte Costa et al - Page 3


               Appeal No.  2007-1227                                              Page 3               
               Application No.  10/416,211                                                             
               is maintained at its boiling point under subatmospheric pressure.  Winters,             
               pages 6-7.                                                                              
                     The examiner finds (Answer, page 4) that the equation on page 3 of                
               Winters illustrates that 2 moles of chloric acid react with one mole of hydrogen        
               peroxide to form 2 moles of chlorine dioxide.  In addition, the examiner finds          
               (Answer, bridging paragraph, pages 4-5) that Winters “discloses that hydrogen           
               peroxide is preferably added in an amount from about 0.4 to about 0.7 moles per         
               mole of chlorine dioxide produced (note page 7, lines 7-9).”  More specifically,        
               Winters provides the following balanced chemical equation for the reaction of           
               hydrogen peroxide with chloric acid to produce chlorine dioxide:                        
                                2HClO3 + H2O2             2ClO2 + 2H2O + O2                            
               Winters, page 3.  As can be seen from this balanced equation the ratio of               
               hydrogen peroxide to chlorine dioxide produced is 1:2.  Thus, when the ratio of         
               hydrogen peroxide to chlorine dioxide produced in the reaction is 1:2 there will be     
               no residual hydrogen peroxide left in the reaction medium upon completion.  For         
               clarity, note the absence of hydrogen peroxide on the right hand side of the            
               equation.  This equation also sets the minimum amount of chloric acid in the            
               reaction as equal to the amount of chlorine dioxide produced.                           
                     Thus, the only remaining limitation in appellants’ claim 1 that is not yet        
               accounted for is a residual chlorine concentration of about 0.1 to about 0.5 g/l.  In   
               this regard, we note that the examiner finds (Answer, page 5) that Winters              
                     teaches that an addition of small amount of chloride ions can be                  
                     appropriate, preferably in the form of alkali metal chloride, so as to            
                     maintain the concentration thereof in the reactor within the range                
                     from 0.001 and up to 0.8 moles per litre (note page 7, lines 15-19).              





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