Ex parte RUMPH - Page 6




          Appeal No. 1998-1215                                                        
          Application No. 08/091,039                                                  


          He further cites Morrell as teaching that the Nakayama waste                
          material should be agitated so that it becomes substantially                
          homogeneous.                                                                
               After fully considering the record in light of the                     
          arguments presented in appellant’s brief and the examiner’s                 
          answer, we conclude that the involved claims are patentable                 
          over the combination of references applied by the examiner.                 
          In particular, we do not consider that it would have been                   
          obvious, in view of Gillican, to move the waste material of                 
          Nakayama to the incinerator in a tank and to agitate it in the              
          tank.  The purpose of the tank car disclosed by Gillican is to              
          transport materials which "are very viscous, and may or do                  
          solidify after they have been stored or placed in the cold for              
          some time" (page 1, lines 4 to 6), such as crude pine gum,                  
          oils, fats, etc.  In order to render the material being                     
          transported more fluid when the car is to be unloaded,                      
          Gillican provides heating pipes 21, etc., and an agitator 13                
          to stir and mix the material simultaneously with the heating                
          (page 1, lines 68 to 73; page 3, lines 36 to 55).  While it                 
          might have been obvious, as a general proposition, to                       
          transport the paint waste of Nakayama from the waste source to              
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