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REGISTERED

 

August 21, 1980

 

Section 63(2)

4 months

 

Marks & Clerk

Box 957, Station B

Ottawa, Ont.

 

Application No:   137,814

Date Filed:             March 22, 1972

Title:    Water Feed And Effluent Treatment For Hydrogen

   Sulfide-Water System

 

Dear Sir,

 

This will acknowledge receipt of your letters of Sept. 20, 1978, and

April 22, 1980.

 

The claims of this application were refused by the Examiner because, in

his view they defined the same invention as that claimed in Canadian patent

865,022, dated March 2, 1971 to Nazzer. The Nazzer application was filed

on August 2, 1968 which, it may be noted, predated Applicants Canadian filing

date (March 22, 1972) by three years plus, and predates the convention priority

date (March 22, 1971) by more than one year.

 

I have reviewed the arguments submitted on behalf of the Applicant and also

the amendments which were made to the claims. After careful consideration,

I have decided to accept all of the amended method claims, that is claims

1 to 10 and 21 to 24, as defining an invention different from that claimed

in the patent to Nazzer, because they eliminate a compression step before

the absorption step, and hence they do not require a pressurization of the

gas after flash-off.

 

On the other hand, however, I am satisfied that the apparatus claims 11 to 20,

for the reasons explained below, define essentially the same invention as that

defined in the Nazzer patent. Consequently, I now reject this application

under Section 63(2) of the Patent Act unless the Applicant commences an

action to set aside prior Canadian patent 865,022, insofar as it covers the

invention in question, within four months of the date of this letter, and

diligently prosecutes said action subsequently. In the alternative the

Applicant may delete apparatus claims 11 to 20.

 

It is clear that both the patent and the application deal with gas/liquid

contact processes wherein the gas is soluble in the liquid, and the liquid is

passed through a hot contact zone at elevated pressure including the steps of

removing a portion of the liquid which has passed through the hot contact zone,

removing the dissolved gas therefrom by a pressure reduction (flashing-off),

recovering the gas, and returning said gas to the system.

 

The present apparatus claims 11 to 20 and the apparatus claims 7 to 10 of the

patent specify an apparatus having: 1) a hot tower zone, 2) a cold tower zone,

3) a humidifier zone, 4) a gas recovery system comprising; 5) at least one

pressure reduction means (throttle means), and 6) a gas absorption means

connected to the pressure reduction means to receive gas flashed off from liquid

passing through the pressure reduction means

 

Additional features found in both sets of claims include: 7) a stripping

means (fractionating tower), 8) first and second pressure reduction means

(throttle devices) with the gas adsorption means connected to at least one of said

pressure reduction means by way of a compressor, 9) a means to pass stripped

effluent in heat exchange relation with water circulating through said humidifier

zone, and 10) a heating means.

 

The Applicant has made little or no attempt to show how his apparatus claims

are different in structure from those of the patent. He did, however, attempt to

differentiate his apparatus by restrictions which are directed to modes of operation

and not to structural features. For example, amended claim 11 requires that

the gas absorber means is "at a pressure not greater than that of the gas which

has been flashed". This is clearly a process limitation and does not alter the

fact that both sets of claims generally define the same apparatus.

 

I am consequently satisfied that a second patent which includes the apparatus

claims should not b a permitted. The Applicant has four months within which

to submit an appropriate amendment deleting apparatus claims 11 to 20, or

to commence an action to set aside prior Canadian patent 865,022 to Nazzer.

 

Yours truly,

 

J.H.A. Gariepy

Commissioner of Patents

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