Patents

Decision Information

Decision Content

                     IN THE CANADIAN PATENT OFFICE

                DECISION OF THE COMMISSIONER OF PATENTS

 

Patent application 497,554 having been rejected under Rule 47(2)

of the Patent Regulations, the Applicant asked that the Final

Action of the Examiner be reviewed. The rejection has

consequently been considered by the Patent Appeal Board and by

the Commissioner of Patents. The findings of the Board and the

ruling of the Commissioner are as follows:

 

Agent for Applicant

 

Smart & Biggar

P.O. Box 2999

Station D

Ottawa, Ontario

K1P 5Y6

 

This decision deals with the Applicant's request that the

Commissioner of Patents review the Examiner's Final Action on

application 497,554 (Class 44-4), filed December 13, 1985

entitled "Three-stage Process for Burning Fuel Containing Sulfur

to Reduce Emission of Particulates and Sulfur-containing Gases".

The inventors, Melvin H. Brown and David H. DeYoung, have

assigned the application to the Aluminum Company of America. The

Examiner in charge issued a Final Action on February 26, 1990

refusing to allow the application. No request for an oral

hearing was made.

 

The application relates to a combustion process that reduces the

emission of particulates and sulfur compounds in combustion gases

by burning the fuel in a three-stage combustion process. In

particular, the invention relates to a process wherein the

removal of both sulfur and particulates is optimized to therefore

reduce the emission of both materials.

 

Figure 1 of the invention, reproduced below, is a flow diagram

that illustrates the process of the invention.

 

<IMG>

 

Claim 1 of the application reads:

 

1. A three-stage combustion process for burning a fuel

containing sulfur characterized by low sulfur emission and

good ash removal comprising:

 

(a) mixing the sulfur containing fuel with an additive

    capable of reacting with sulfur:

 

(b) burning the mixture in a first combustion stage

    with less than 75% theoretical air and at a

    temperature below the melting point of the ash but

    sufficiently high to cause reaction between said

    additive and any sulfur in said fuel to facilitate

    removal of the sulfur compounds formed:

 

(c) passing combustible fuel gases from said first

    stage to a second combustion stage:

 

(d) burning said gases in said second stage with less

    than 100% theoretical air, based on theoretical

    air for products from the first stage, at a

    temperature above the melting point of the ash to

    form a liquid slag which is removable from said

    second stage: and

 

(e) burning combustible gases from said second stage

    in a third stage with an excess of air to ensure

    complete combustion of said fuel.

 

Steps b), d) and e) define the actual three stages of the

process, with the other steps being preparatory or transitory.

 

In the Final Action, the following art was cited by the examiner:

 

Australian Patent:

548,115     September 28, 1982        Moriarty

 

United States Patent:

4,232,615 November 1l, 1980 Brown

 

Claims 1 and 5 of the Moriarty patent read as follows:

 

1. A method for the entrained-flow combustion of a carbon-

nitrogen- and sulfur-containing fuel for substantially

reducing emission of gaseous sulfur compounds and

nitrogenous compounds formed during the combustion of fuel

with a substoichiometric amount of oxygen comprising:

introducing said fuel, an inorganic alkaline absorbent and

    an oxygen-containing gas into a first combustion sulfur

    capture zone of an entrained-flow combustor to form a

    fluent mixture therein of fuel and absorbent entrained

    in said gas,

the oxygen being present in said zone in an amount to

    provide from about 25%-40% of the total stoichiometric

    amount required for the complete combustion of the

    fuel,

the inorganic alkaline absorbent being present in an

    amount to provide a molar ratio of alkaline absorbent

    to sulfur compounds of from about 1.0:1 to 3.0:1, said

    ratio including any alkaline absorbents contained in

    the fuel:

 reacting said fuel and absorbent entrained in said oxygen-

    containing gas by maintaining them in said zone at a

    temperature from about 1000ø-1800øK. for a time

    sufficient

    (a) to gasify at least about 75% of the carbon content

    of the fuel and substantially all of the sulfur in

    a fuel,

    (b) to combust the gasified fuel and oxygen to produce

    a fuel-rich stoichiometry in the gas-phase, and

    (c) to react in excess of about 70% of the fuel sulfur

    with the inorganic alkaline absorbent to form a

    solid alkaline sulfide compound,

 introducing the resultant combustion mixture into a second

    combustion zone:

 maintaining said mixture at a temperature in the range of

    1800øK.-2500øK. in said second combustion zone while

    introducing additional air in an amount to provide

    about 45%-75% of the total stoichiometric amount of air

    required for complete combustion of the fuel:

  maintaining said mixture including said alkaline sulfide

    compound, at said temperature for a time sufficient to

    reduce said nitrogenous compound content to a desired

    level: and

  discharging said mixture having a substantially reduced

    gaseous sulfur compound and nitrogenous compound

    content.

 

    5. The method of claim 1 further including introducing the

    combustion products from said second combustion zone into at

    least a third combustion zone and maintaining said products

    at a temperature of from about 1600ø to 2000· K. while

    completing the combustion by the introduction of additional

    air in an amount to provide from about 100% to about 120% of

    the total stoichiometric requirements for complete

    combustion of the fuel.

 

Claim 1 of the Brown patent reads as follows:

 

     A method for burning a pulverized carbonaceous material

     containing sulfur and ash, comprising forming a slurry

     containing the carbonaceous material, water and a reagent

     adapted to react with the sulfur, burning the slurry in a

     first stage with less than 100% theoretical air, removing

     the combustible gases from the first stage to a second

     stage, and burning the gases in the second stage with

     additional air.

 

     In refusing the claims the Examiner, in her Final Action, said,

     in part:

     Moriarty describes as does the applicant a three stage

     combustion process wherein in each subsequent stage, the

     air/fuel stoichiometry is increased. The first stage in the

     instant invention and references cited is directed to form

     readily removable solid sulfur compounds using an additive.

     Both references show in said first stage to use a

     temperature sufficiently high to cause reaction between the

     additive and the sulfur and lower or around the melting

     point of ash, and less than 75% theoretical air. Brown

     utilizes less than 100% theoretical air preferably 50%

     theoretical air and Moriarty specifically 25-40% theoretical

     air. Brown teaches the conditions set out in the second

     stage of the instant invention with regard to form a liquid

     slag which is removable, said conditions consist to maintain

     a temperature above the melting point of ash with less than

     100% theoretical air. Moriarty shows the third stage of the

     instant invention to burn the combustible gases coming from

     the second stage with an excess of air.

 

     Brown also teaches the options described in the instant

     invention of preparing a water-slurry with the fuel and the

     additive, maintaining in the first stage a temperature below

     1100·C (1373·K) and removing the sulfur compounds in the

     first stage.

 

     The applicant has argued that neither the Moriarty or the

     Brown reference are applicable for the following reasons:

 

     in the first reference,

 

     - it is unconcerned with the problem of removing ash,

 

     - the solid sulfur compounds formed in the first stage

       are not stable enough to be passed to second stage

       and be removed with the slag, and

- the temperature in the first stage of the process

  can be above the melting point of ash.

 

  In the second reference,

 

- it does not expressly describe the temperature in

  the first stage to be below the melting point of

  ash.

 

  The applicant's argument is mistaken with respect to both

  references. It is true that Moriarty is unconcerned with

  the problem of removing ash because it is directed to fuels

  having a low ash content. Consequently, the temperature in

  second stage of the Moriarty's method was not set to take

  into account ash removal. Moriarty is concerned with method

  of reducing the amount of gaseous sulfur compounds and

  nitrogen compounds. It forms in fact in the first stage a

  very stable solid sulfur compound using as mentioned

  previously specific conditions. Said sulfur compound can be

  retained in a solid form in the second combustion stage

  under a temperature of 1800øK-2500øK with 45%-75%

  theoretical air.

 

  Brown is directly concerned with the removal of ash. Brown

  teaches that the melting point of ash varies depending upon

  the particulate binding absorbent used. It shows the

  alternative of removing the ash in a solid or liquid form

  with less than 100% theoretical air. The temperature of

  1100øC (1373øK) is preferred as explained by Brown because

  of the thermal instability of sulfides above said

  temperature.

 

  Given the foregoing, it is expected skill to modify the

  three stage combustion process of Moriarity in the manner

  proposed by the applicant. Claims 1 to 19 are obvious in

  view of Moriarity when considered in conjunction with the

  general knowledge that is shown by Brown.

 

The Applicant's arguments in the submission responding to the

Final Action are as follows, in part:

 

It is believed that the Examiner has not correctly assessed

the disclosure of the references, and has not given

sufficient consideration to the comments previously made by

applicant in regard to the cited art. For these reasons, it

is believed that at the least, the Examiner was incorrect in

making the action final.

 

On page 3 of the Action, paragraph 4, the Examiner indicates

in the first sentence that applicant's argument is mistaken,

although in the next sentence the Examiner admits one aspect

of the argument, that Moriarty (Australian Patent 548,115)

is not concerned with the problem of removing ASH.

 

Besides this, applicant had argued that Moriarty does not

require temperature in the first stage to be below the

melting point of the ash while this is a requirement in the

present application. The Examiner casually dismissed this

point by saying that since Moriarty was only concerned with

fuels having a low ash content, consequently the temperature

in second stage of Moriarty's method was not set to take

into account ash removal. This appears to be circular

reasoning --- since Moriarty has got nothing to do with the

problem addressed by applicant, Moriarty is unconcerned with

applicant's essential steps. These, according to the

Examiner can simply be supplied by combining the disclosure

of Brown.

 

However, nothing is said by the Examiner as to any possible

reason for such combining, and applicant's view is that only

hindsight from reading applicant's specification leads to

the combination.

 

The Examiner states that Moriarty forms a stable sulfur

compound in the first stage. However, applicant pointed out

previously that the temperature range specified in the first

stage by Moriarty is (1000· to 1800· K).

 

Since the temperature range of Moriarty includes

temperatures above the ash melting point, Moriarty discloses

removal of sulfur under conditions when the ash removal is

made difficult. This goes to the very essence of

applicant's invention. Applicant previously argued:

 

In the discussion of the prior art in the present

specification, it is pointed out that it was known

in the art to remove sulfur as solids, and also to

  remove ash. However, the known methods improved ease

  of removal of sulfur but at the expense of making ash

  removal harder, or when the method was directed to

  easier removal of ash, problems with removal of sulfur

  were created. By the particular essential requirements

  of the present invention as specified in claim 1 parts

  (b) and (d), the highly advantageous result was

  achieved whereby optimum ease of removal of both sulfur

  and ash was obtained.

 

  Clearly, there is no reason for combining Moriarty with

  Brown. The present claims therefore are believed to be

  allowable.

 

  The issue before the Board is whether or not the claims are

  patentable in view of the cited prior art. More specifically, it

  must determine if, as the examiner states in the Final Action, it

  is but expected skill to modify the three stage combustion

  process of Moriarity in the manner proposed by the applicant, and

  whether the claims are obvious in view of Moriarity, when

  considered in conjunction with the general knowledge shown by

  Brown.

 

  Upon analyzing the references, the Board finds that major

  differences occur between the cited patents and the invention

  described and claimed in the application in three main areas as

  follows:

 

- The first difference is in the temperature used in the first

  combustion stage. The upper half of the temperature range

  specified by Moriarty, if used in the invention, would

  render inoperable the process claimed in the instant

  application, because the ash would be melted in the first

  stage and the sulfur compounds would not be passed on to the

  second stage, and some of the less stable sulfur compounds

  would be broken down prior to their removal.

 

- The second difference occurs with respect to the second

  stage of the instant process. The first stage of the Brown

  reference teaches a temperature of less than 1100øC, whereas

  the second stage temperature in the instant application is

  greater than 1100·C. The use of the lower temperature in

  the second stage of the application would favour the removal

  of the ash in solid form in this stage or its transmission

  to a further stage, both being contrary to the invention.

  Furthermore, if as taught in Brown, the second stage of the

  instant process were operated below 1100·C, and additives

  were introduced in order to lower the melting point of the

  ash, it would likely be melted in the first stage, which

  event the applicant seeks to avoid. Use of the higher

  temperature by the applicant, melts the ash and permits

  smaller ash particles to be impinged on the thus resulting

  molten, slag-coated walls.

 

- The third difference occurs in the last combustion stage.

  The Moriarty reference teaches that a preferred embodiment

  resulting from use of the process is that:

 

  the solid sulfur compounds generated in the first

  sulfur-capture combustion zone, are retained in the

  combustion gases and, therefore, must pass through this

  third combustion zone (24) (see column 9, line 68).

 

  In Moriarity, the solid sulfur compounds are intended to be

  removed from the combustion mixture by conventional

  filtration techniques (column 4, lines 3 to 6). The process

  of the instant application specifies the removal of all

  sulfur products either in the first or second stage and is

  designed not to pass any of the sulfur compounds on to the

  third stage.

 

  In order to determine whether or not the invention is obvious in

  view of the prior art, the Board is guided by the following Court

  decisions:

 

  In Leithiser v Penao Hydra Pull, 17 C.P.R. (2d), 110 at 115,

  Jackett C.J. said:

 

  there is a further requirement that the thing claimed

  as an invention must be the result of inventive

  ingenuity and not mere "workshop" improvement or

  development. See commissioner of Patents v Farbwerke

  Hoescht Aktiengesellschaft vormals Meister Lucius &

  Bruning...[1964] S.C.R. 49...per Judson, J. (delivering

  the judgment of the Supreme Court of Canada) at pp. 56-

  7.

 

  Furthermore, the following guideline is set down in Niagara Wire

  Weaving v Johnson Wire Works Ltd (1939) Ex. C.R. 259 at page

  273,

 

  Small variations from, or slight modifications of, the

  current standards of construction, in an old art,

  rarely are indicative of invention; they are usually

  obvious improvements resulting from experience, and the

  changing requirements of users.

and at page 276,

 

         No step is disclosed there which could be described as

         invention. There is not, in my opinion, that

         distinction between what was known before, and that

         disclosed... that called for that degree of ingenuity

         requested to support a patent.

 

         The consideration before the Board is, therefore, whether the

         invention is directed towards a mere "workshop" improvement or

         development, or whether it is the result of a small variation

         from, or a slight modification of the current standards...in an

         old art.

 

         The Board is of the view that the invention described and claimed

         in the application is more than an obvious improvement resulting

         from experience and the changing requirements of users. The

         distinctions between the invention claimed in the application and

         the prior art references are more than slight and, in our

         opinion, it would not be obvious for a person skilled in the art

         to modify the three-stage combustion process of Moriarity to

         arrive at the instant invention and to further incorporate the

         ash melting step disclosed in the Brown reference into the

         process.

 

         The Board recommends, therefore, that the rejection of Claims 1

         to 19, on the grounds of obviousness in view of the prior art, be

         withdrawn.

 

         F.H. Adams               V. Duy               A. J. Legris

         Chairman                 Member               Member

         Patent Appeal Board      Patent Appeal Board  Patent Appeal Board

 

I concur with the findings and recommendations of the Patent

Appeal Board. Accordingly, I remand this application to the

examiner for prosecution consistent with the recommendation.

 

M. Leesti

Commissioner of Patents

 

dated at Hull, Quebec

this 19th day of November 1992

 

Smart & Biggar

P.O. Box 2999

Station D

Ottawa, Ontario

K1P 5Y6

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.