Ex Parte Hawkins - Page 3

                Appeal 2006-3058                                                                                
                Application 10/386,070                                                                          
                       a dust feeder disposed within said second stage mixing zone for                          
                delivering fine additives to said asphaltic composition carried from said first                 
                mixing zone to form a finished asphaltic product;                                               
                       a stationary discharge housing sealingly connected to said second end                    
                of said cylinder to permit rotation thereof and having a discharge port for                     
                discharging said finished asphaltic product from said cylinder; and                             
                       a secondary combustion air supply connected to said discharge                            
                housing to direct a flow of secondary combustion air to said first stage                        
                mixing zone in order to evacuate and carry blue smoke and steam vapors                          
                from said first stage mixing zone into said combustion zone and to                              
                substantially isolate said second stage mixing zone from the flow of                            
                secondary combustion air in order to minimize entrainment of fine additives                     
                from said second stage mixing zone.                                                             
                       The Examiner relies on the following prior art references to show                        
                unpatentability:                                                                                
                Green  US 5,664,882 Sep. 9, 1997                                                                
                Hawkins US 5,664,881 Sep. 9, 1997                                                               
                       The Examiner made the following rejections:                                              
                       1.  Claims 1, 6-8, 11-13, and 20-23 under 35 U.S.C. § 102(b) as                          
                anticipated by Green;                                                                           
                       2.  Claims 2, 14, and 15 under 35 U.S.C. § 103(a) as unpatentable                        
                over Green; and                                                                                 
                       3.  Claim 9 under 35 U.S.C. § 103(a) as unpatentable over Green in                       
                view of Hawkins.                                                                                
                                                       ISSUE                                                    
                       The Examiner contends that Green discloses all of the features recited                   
                in independent claims 1 and 20.  Appellant contends that Green fails to                         
                disclose the claimed features of the secondary combustion air supply.  The                      
                issue for us to decide is:  Has the Examiner shown by a preponderance of the                    

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