Ex parte HYPPANEN - Page 16




          Appeal No. 95-3119                                        Page 16           
          Application No. 08/089,810                                                  


               Rosa discloses a counter-current recirculating device for              
          the exchange of heat between a gas and a finely granulated                  
          material.  As shown in Figure 1, the counter-current                        
          recirculating device includes a number of gas ducts 1-5 connected           
          by arcuate members 10, 14, 18 and 22 to form a closed system.               
          Gas enters the duct 1 through tube 26 and leaves duct 5 through             
          tube 33.  Each gas duct 1-5 is provided with an oblique sieve 12,           
          16, 20, 24, or 28.  Each sieve consists of flat rails arranged              
          under an angle and overlapping each other in the direction of the           
          flow gas.                                                                   


               The examiner determined (answer, p. 8) that it would have              
          been obvious to one of ordinary skill in the art at the time of             
          the appellant's invention to modify Stewart's passage 28 to be a            
          plurality of passages one above another, especially in view of              
          Rosa's use of slots between the rails of each sieve.                        


               We do not agree.                                                       


               We agree with the appellant's argument (brief, pp. 11-14)              
          that there is no reason for one of ordinary skill in this art to            
          modify Stewart's passage 28 to be a plurality of passages one               








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