Ex parte YOKOTA et al. - Page 3




                 Appeal No. 98-1563                                                                                       Page 3                        
                 Application No. 08/469,198                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to an apparatus for                                                                         
                 manufacturing cement clinker.  An understanding of the                                                                                 
                 invention can be derived from a reading of exemplary claim 39,                                                                         
                 which appears in the appendix to the appellants' brief.                                                                                


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Yokota et al. (Yokota)                       5,478,234                                    Dec. 26, 1995                                

                 Sukuki et al. (Sukuki)                       63-60134  (Japan)2                            Mar. 16, 1988                                


                          Claims 39 and 52 stand rejected under the judicially                                                                          
                 created doctrine of double patenting over claims 1-21 of                                                                               
                 Yokota.                                                                                                                                


                          Claims 39 and 52 stand rejected under 35 U.S.C. § 112,                                                                        
                 first and second paragraphs, as the claimed invention is not                                                                           
                 described in such full, clear, concise and exact terms as to                                                                           

                          2In determining the teachings of Sukuki, we will rely on                                                                      
                 the translation provided by the PTO.  A copy of the                                                                                    
                 translation is attached for the appellants' convenience.                                                                               







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