Appeal No. 1999-0772
Application No. 08/600,165
sulfate residues (waste), e.g. phosphorus gypsum, obtained from
"other processes." (Page 1, lines 11-15; page 1, line 75 to
page 2, line 2.) According to Herzog, phosphorus gypsum waste
having a particle mesh size (German Industrial Standard sieve)
of less than 0.090 mm, which is obtained directly after a
calcination stage, is mixed with equally finely ground
additional materials to produce a raw stock for calcination to
produce cement clinker. (Page 2, lines 86-100.) Herzog also
teaches that the calcined phosphorus gypsum may be comminuted to
counter "slight formation of smallish granulates and particle
aggregation." (Page 2, lines 101-117.) Herzog, however, does
not specifically describe the method by which the sulfuric acid
and cement are manufactured.
In an attempt to account for the differences between the
applied prior art and the appellants' claimed invention, the
examiner argues:
The appellants' step of taking a sample and
evaluating and determining its composition is
routinely done in cement industry as well as a
multitude of other industrial processes to measure and
monitor the product being produced.
(Examiner's answer, page 4.) The examiner further alleges:
Herzog would appear to differ from appellants'
invention because he does not teach the specific
processing temperatures in their process. However,
the appellants' transporting, and burning, and
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