Patents

Decision Information

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          COMMISSIONER'S DECISION

 

Obviousness. claim 1 was considered obvious in view of the cited art, the

others acceptable in view of that art. Rejection modified.

 

This decision deals with Applicant's request for review by the

Commissioner of Patents of the Final Action of application

410,060 (Class 23-348) filed August 25, 1982. Assigned to Foster

Wheeler Energy Corporation, it is entitled USE OF WASTE SOLIDS

FROM FLUIDIZED BED COMBUSTION PROCESSES FOR ADDITIONAL FLUE GAS

DESULFURIZATION. The inventors are Robert D. Stewart and Robert

L. Gamble. The Examiner in charge issued a Final Action on

August 1, 1985, refusing to allow the application. By letter

dated October 27, 1988, the Applicant withdrew the request for a

Hearing.

 

The invention relates to a flue gas desulfurization process using

the fine and coarse wastes from a fluidized bed combustion

system, as shown in figure 1 reproduced below:

 

(see formula I)

 

In the Applicant's system sulfurous coal burns in air in the

presence of limestone particles in a fluidized bed 10 and wastes

emerge as exhaust gas 11, fine dusts 18, and coarse particles 20.

To reduce the SO2 and SO3 content in the exhaust gas, the coarse

waste is ground at 30 to fine particles 33 to expose additional

active surface area and so obtain an increased alkaline value,

and the fine particles are fed into the fluidized bed to act on

the exhaust gas. The fine particles may be mixed with the fine

dusts and either fed to the fluidized bed or, to slaker/hydrator

34 to produce a calcium hydroxide slurry 38 to be injected into

dry scrubber 43, or, slurry 38 may be thinned with water and fed

to wet scrubber 46. The scrubbers clean the exhaust gas 11.

Additionally, ash particles 28 from an adjacent combustion system

22 may undergo a water/steam treatment 32 before entering

grinding means 30 to mix with particles 20 to produce the fine

particles 33. The exhaust gas from system 22 may also be treated

by the scrubbers.

 

The examiner refused all the claims in view of the following

patents:

 

British Patent

824,883     Dec. 9, 1959

 

United States Patents

3,708,266   Jan. 2, 1973         Gustavsson

3,751,227   Aug. 7, 1973         Robinson

4,081,513   Mar. 28, 1978        Moss

 

The British Patent to Atomenergi describes a method of burning

the combustible constituents of a sulfur-containing shale or fuel

in a fluidized bed with limestone to bind a great part of the

emitted sulfur in the solid combustion residue. In the

Atomenergie process, the grains of solid fuel are said to be

below 6 mm., and the combustion temperature below the temperature

of rapid dissociation of the carbonate.

 

The Gustavsson Patent sets forth apparatus to wash sulfur dioxide

from flue gases originating from coal fired systems, as shown in

figures 1 and 2 reproduced below:

 

(see formula I, II)

 

The SO2 gas enters absorption column 1 at 2, entrains calcium

carbonate particles from a slurry 6 fed to the bottom of the

column, and reacts with them in rising to form an inactivated

sulphite/sulphate coating thereon. The cleaned gas emerges at 3

and the coated particles are led from the top 4 to a mill 7.

Entering tangentially at 4a, the coated particles are crushed by

grinding bodies 9 to expose active areas in being reduced in

size. Part of the flow leaving mill 7 is passed through 4c by a

pump P to enter tangentially in the mill, level with 4a to assist

in grinding. Consumed absorbent is discharged at 8.

 

The Robinson patent pertains to apparatus to pass a waste gas

through a moving mass of limestone particles, as shown in figure

1 reproduced below:

(see formula I)

 

The SO2 containing gas enters from the bottom 3 to column 10 and

reacts with limestone particles B to form a coating on their

exterior. The treated air exits at 6. Column 10 and tray 9

rotate at different speeds and subject the coated particles to

abrasive action which exposes fresh active surfaces as they move

from the column to the tray and are forced by plow 18 to drop

into the downwardly inclined rotary conveyor 20 to elevator 21.

The elevator feeds the recycled particles back to the column.

Spent substance is removed at 7.

 

In the Moss system, shown by figure 1 below,

 

(see formula II)

gas 10 bearing SO2 is introduced at the bottom of a bed of

particles 12 containing calcium oxide. The heat from the gas

fluidizes the lower part of the bed which acts with the slurry

from line 14 so that the water evaporates and the sulphites are

converted to agglomerates of sulphate solids/solutes. The

agglomerates are removed at 17 and are ground to a smaller size,

and returned via line 18 to the top particles 12 to act on the

upwardly flowing vapors to fix SO2. Additional particles may be

added via line 18. The resulting vapor/fines mixture is scrubbed

20 by a lime slurry 21 to remove SO2 and the fines, which are

then separated in vessel 23. The resulting gas leaves at 24 and

the water/solids mix passes from the bottom 25 to settling tank

27 for mixing with a lime/water slurry from tank 28. Pump 15

moves the coarse particles from the base of tank 27 to the base

of particle bed 12 for the fluidizing action.

 

In rejecting all the claims in view of the cited patents, the

Examiner said in part, as follows:

 

...

 

It is common general knowledge that if the surface of a

sorbent becomes fouled its ability to function as a

sorbent is impaired; see Robinson and Gustavsson, for

example. It is also well known to grind a spent sulfur

oxide sorbent such as limestone to remove surface

fouling and to reduce the particle size of the

initially supplied coarse limestone (see Gustavsson).

Given the foregoing it is expected skill to modify the

fluidized bed combustion process of British patent

824,883 in the manner proposed by the applicant.

Accordingly claims 1-7 are rejected.

 

Claims 8-18 are rejected in view of the above discussed

patents in combination with Moss which teaches the

injection of aqueous alkaline material into a fluidized

bed process for the purpose of controlling sulfur

emissions.

 

Applicant is respectfully requested to note that the

claims are being rejected because they are considered

to be obvious in view of the references, not because

the references may be mosaiced to establish

anticipation. The latter practice is an American one

that does not prevail in Canada.

 

Robinson was cited for the purpose of establishing that

it is known that if the surface of a sorbent becomes

fouled, its ability to function as a sorbent is

impaired. Thus it is immaterial that Robinson does not

 

       comminute, remove or circulate. What is germane is the

       fact that fresh surfaces are provided, thereby renewing

       the sorbent.

 

       Similarly, Gustavsson was cited to show that a spent

       sulfur oxide sorbent such as limestone can be ground to

       remove surface fouling (and to reduce the particle size

       of the initially supplied coarse limestone) and then

       returned to the gas purification process from which it

       originated. Therefore, it is immaterial that

       Gustavsson does not relate to a fluidized bed process.

 

       Given the foregoing it is expected skill to modify the

       fluidized combustion process of British patent 824,883

       in the manner proposed by the applicant. Claims 1-7

       are obvious in view of British patent 824,883 when

       considered in conjunction with the common general

       knowledge that is exemplified by Robinson and

       Gustavsson. These claims are rejected for this reason.

 

       Moss was cited for the purpose of establishing that

       injection of aqueous alkaline material into a fluidized

       bed process, for the purpose of controlling sulfur

       emissions (a feature in instant claims 8-18), is known.

       It is not material that Moss does not grind or

       comminute. All that Moss must teach in order to

       sustain the examiner's position is the injection (in

       the locale and for the purpose noted above) of aqueous

       alkaline material, and this it does. Moss thus

       augments the teachings of British patent 824,883, with

       which it is obvious to combine as both relate to the

       combustion of fuel in a fluidized bed.

 

       Claims 8-18 are, given the common general knowledge

       that is exemplified by Robinson and Gustavsson, obvious

       in view of the combination consisting of British patent

       824,883 and United States patent 4,081,513. Claims 8-

       18 are rejected for this reason.

 

...

 

       The Applicant argues that the claims are acceptable in the

       following terms, in part:

 

       (The Examiner) postulates that a sorbent's ability to

       function as a sorbent is impaired when its surface

       becomes fouled and that the prior art references of

       Robinson and Gustavsson set out methods and apparatus

       for presenting fresh surfaces of limestone to further

       act as a sorbent of sulfur oxide. Having said that,

       Examiner Kirk then jumps to the British patent of

       fifteen years earlier wherein carbon-containing shale

       is "burned" with limestone -- and also with some

       chlorides to reduce the sulfur oxide content of the gas

       emitted from the burning.

 

       ... To project the attrition of the limestone particles

       of Gustavsson into the desulfurization of the shales of

       the British patent is not an obvious step even in the

       eyes of the knowledgeable and fully informed skilled

       artisan. The Applicant has taken the subject matter of

       Robinson and Gustavsson -- and particularly of

       Gustavsson -- and has by experiment and trial and

       testing managed to recycle and recrush the coarse

       limestone sorbent particles and reinjected them into

the fluid bed of sulfurous fuel particles for further

desulfurizing effect. The lack of obviousness in

applying the attrition of limestone particles in a

fluidized bed of fuel particles is enhanced by the fact

that since Gustavsson and Robinson (and Moss), there

have been no other prior art disclosures available to

show the application of the 1973 subject matters to

fluidized beds of solid particles in the past twelve

years. In order to reject claims on the basis of

obviousness the subject matters of one published

reference must be directly applicable to the subject

matter of the earlier publication and there is nothing

to show that the coated limestone sorbent particles of

Gustavsson could be mixed with the carbon shales of

Atomenergi's method and then withdrawn for attrition

and recycling. Such attrition would have to take place

with the slag shale particles as well as the sorbent

particles and such recycling and crushing is obviously

not feasible.

 

Five years after Robinson and Gustavsson, Moss shows

that sulfur from the coal is fixed in the limestone as

sulphides and transferred downstream to a regenerator

with oxygen to convert the sulphides to the oxides,

after which the oxide containing regenerated limestone

particles are returned to the bed of fluidized coal

particles. Even with the knowledge of Robinson and

Gustavsson, Moss twenty years after the Atomenergi

patent for removing sulfur from shale did not show any

knowledge or suggestion or possibility of creating

fresh surfaces in the regenerated limestone particles

by crushing or attriting. It is the Applicant's

position that to now academically hold that it is now

obvious to so attrite the. limestone sorbent particles

in the desulfurization of a fluid bed of pulverized

sulfurous fuels is stretching the concept of

accumulation of previous publications to establish such

obviousness.

 

In contrast to such holdings of obviousness it is the

Applicant's restated position that Examiner Kirk is

assembling the subject matters of the published

references in a mosaic to anticipate the definition of

this invention in the claims. Examiner Kirk has

rejected the Applicant's position on mosaicing on the

basis that the practice is an American one and does not

prevail in Canada. The Applicant draws the Board's

attention to Mico Products Ltd. v. Acetol Products

Inc., (1930) Ex. C.R. 64 at 72. The accepted and

acknowledged author on Canadian Patent law, Dr. Fox, in

his Fourth Edition of his textbook on Canadian Law and

Practice Relating to Letters Patent for Inventions

recites at Page 138 with approval James L.J. in Von

Heyden v. Neustadt:

 

"What we have got in this case is not one

clear statement by one writer, but a mass of

paragraphs exhumed by the industry of the

defendant's advisers from a number of

publications...We are of opinion that if it

requires this mosaic of extracts from annals

and treatises spread over a series of years,

to prove the defendant's contention, that

contention stands thereby self-condemned.

...And even if it could be shown that a

patentee had made his discovery of a

consecutive process by studying, collating

and applying a number of facts discriminated

in the pages of such works, his diligent

study of such works would as much entitle him

to the character of an inventor as the

diligent study of the works of nature would

do."

 

At Page 139 Dr. Fox states

 

"The rule against making a mosaic of

documents does not apply when the documents

are connected together and form a consistent

whole ......where anybody reading one is

referred by cross-reference to the others."

 

Examiner Kirk has applied the Moss patent specifically

to establish the prior occurrence of an injection of

alkaline material into the fluid bed process and the

Applicant does not deny or contradict that prior

subject matter. Nevertheless, the alkaline slurry is

only an additional step in Claims 8 et seq and it does

not form any part of broad Claim 1. In this manner,

the Applicant believes that it is clear that Moss has

been mosaiced with Gustavsson and/or Robinson to reject

Claim 8 and then only with the combination of all two

(or three) prior publications can be taken back fifteen

years in time to employ them with the Atomenergi method

for extracting burnable gases from oil shales with

reduced sulfur content.

 

In summary, the Applicant's position is that the

desulfurizing treatment of gases with comminution of

the sorbent particles can not be combined with the oil

shale treatment of the Atomenergi patent because the

comminution of Gustavsson could not be applied to the

Atomenergi shale particles.

 

The Issue before the Board is whether the subject matter of

claims 1 to 18 is obvious in view of the cited patents. Claim 1

reads:

 

A process for obtaining additional flue gas

desulfurization using waste solids from a fluidized bed

combustion system in which sulfurous fuels are burned

in a bed of acceptor particles, comprising the steps

of:

(1) withdrawing coarse waste particles from said

fluidized bed combustion system;

(2) subjecting said coarse waste particles to

means for attriting and disintegrating whereby said

coarse waste particles are reduced to finely divided

particles having increased available alkaline chemical

value; and,

(3) injecting said finely divided waste particles

into said fluidized bed combustion system whereby

additional flue gas desulfurization is achieved.

 

We observe the Atomenergie patent discloses a one stage removal

of sulfur from waste gas by using a certain size of particles and

a combustion temperature below the dissociation temperature of

carbonates in a fluidized bed to bind sulfur that would otherwise

exit in the waste gas. We learn that the Moss patent provides a

two stage removal of sulfur from a waste gas. The first stage,

similar to Atomenergie, reacts on sulfur in the waste gas as it

passes through fluidized reactive particles in a de-sulfurization

column. The second stage receives the exiting gas from stage one

and submits it to a scrubber/separator operation, the resulting

gas exiting to atmosphere and the sulfur containing solids

settling out. Moss recycles the solids separated from the gas as

part of a slurry fed to the fluidized reactive particles.

 

The applicant provides a two stage treatment to remove sulfur

from waste gas. The first stage, like that in Atomenergie and in

Moss, reacts on waste gas in a fluidized bed to bind sulfur. The

second stage, like that in Moss, provides a scrubber/separator

operation from which the resulting gas passes to atmosphere and

the sulfur containing solids settle out.

 

We think the Applicant employs part of the Moss system that

achieves additional flue gas desulfurization, in that the

Applicant provides a fluidized bed of particles to act on sulfur

that is part of a flue gas, as does Moss. Both the Applicant and

Moss remove from the fluidized bed, particles that have been

coated due to reaction with the sulfur, and pass them through a

grinder to produce smaller particles having fresh active

surfaces. These smaller particles are then introduced into the

upper part of the fluidized bed where they contact the flue gas.

 

We note the Applicant has referred to Mico Products Ltd. v Acetol

products Inc. (1930 Ex.C.R. in his response, and we find

direction from the following passages:

 

It may, however be said that there is even no

invention in a mere adaptation of an idea in a well

known manner for a well known purpose, without

ingenuity, though the adaptation effects an improvement

which may supplant an article already on the market.

 

   A patent for the mere new use of a known

contrivance, without any additional ingenuity in overcoming fresh diffi-

culties, is bad, and cannot be supported. If the new use involves no in-

genuity, but is in manner and purposes analogous to the old use, although

not quite the same, there is no invention.

as said by Lord Lindley, in the case of Gadd and Mason v.

The Mayor, etc. of Manchester (1).

 

In our opinion, therefore, the Applicant's claim 1 sets forth no

more than the steps disclosed by the Moss patent for obtaining

flue gas desulfurization, namely, withdrawing coarse waste

particles from a fluidized bed, causing them to become finely

divided particles having increased active surfaces, and injecting

the finely divided particles into the fluidized bed so that they

react with the gas. We are persuaded that the Applicant's choice

of a particular fluidized bed does not add any patentable feature

to claim 1. We find claim 1, therefore, not to be patentable in

view of the Moss patent.

 

We observe that none of the cited patents disclose any means to

collect fine dusts from a desulfurization column and mix them

with the crushed finely divided particles and then introduce the

mix into a fluidized bed, nor to submit the mix of the fine dusts

and the divided particles to a gas/solid contacting device before

injection into a fluidized bed, nor to treat the coarse particles

to steam/water injection. We find the subject matter set forth

in claims 2 to 18 is acceptable in view of the cited patents.

 

We recommend therefore the rejection of claim 1 be maintained for

being obvious in view of the cited patents, and we recommend that

the rejection of claims 2 to 18 be withdrawn.

 

M.G. Brown                    S.D. Kot

Acting Chairman               Member

Patent Appeal Board

 

I have reviewed the prosecution of this application, and I concur

with the findings and the recommendations of the Patent Appeal

Board. Accordingly, I refuse to grant a patent containing claim

1, and I withdraw the rejection of claims 2 to 18. The Applicant

has six months within which to appeal my decision under Section

42 of the Patent Act.

 

J.H.J. Gari‚py

Commissioner of Patents

 

Dated at Hull, Quebec

this 10 day of January 1989

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