Ex parte RUOTTU - Page 8




          Appeal No. 96-1003                                                           
          Application No. 08/115,791                                                   


          the fines are directed to section 62 below the venturi 60                    
          (column 7, lines 7-10).                                                      
               Although the secondary references applied by the examiner               
          individually provide separate disclosures of the three claimed               
          features lacking in Patel, we do not find that the processes                 
          of Anwer, Reh, Nack and Patel '758 are sufficiently like the                 
          process of Patel that one of ordinary skill in the art would                 
          have been motivated to modify Patel so that (1) the unreacted                
          carbonaceous material is returned to the oxidation zone below                
          the point of introduction of the feed carbonaceous material,                 
          (2) inert material is circulated and (3) separated inert                     
          material is returned to the oxidation zone.  For instance,                   
          whereas Nack recycles inert material, there is no disclosure                 
          of returning unreacted carbonaceous material.  Also, while Reh               
          recycles carbonaceous material, the reference does not teach                 
          the claimed step of returning the unreacted carbonaceous                     
          material to the oxidation zone below the point of introduction               
          of the feed carbonaceous material.  Furthermore, as argued by                
          appellant, Reh discloses a two reactor system, not the claimed               
          single fluidized bed reactor.  While Anwer discloses the                     
          recycle of carbonaceous material through line 40, it is clear                

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