Appeal No. 1996-3496
Application No. 08/167,288
skill in the art for firing (fired by burner) the mixture.
Moreover, the examiner has not supplied sufficient facts to
explain why one of ordinary skill in the art would have
employed the solid balls of ceramic material described in
Clark, Shabaker and Koppers as a heat source for the rotary
kiln of Bauer. When the rotary kiln and those heaters
described in Clark, Shabaker and Koppers operate differently
due to using different heat medium, the examiner must supply
sufficient facts to demonstrate why and/or how one of ordinary
skill in the art would employ the solid balls of ceramic
material (heating source) used in the heater described in
Clark, Shabaker and Kopper in the rotary kiln of the type
described in Bauer. Contrary to the examiner’s assertion,
Shabaker, for example, does not teach or suggest using the
solid balls of ceramic material as a heat source for rotary
kilns. Rather, Shabaker teaches away from using rotary kilns
to heat solid powder. See column 1, lines 4-32.
In view of the foregoing, the decision of the examiner is
reversed.
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