Ex Parte Hokanson et al - Page 8



               Appeal 2007-1000                                                                       
               Application 10/315,842                                                                 

                     Appellants also maintain that “[t]he Examiner has not indicated any              
               other place in the Lapple process where the sulfur containing carbon source            
               would be injected” (Reply Br. 3, second para.).  Appellants further maintain           
               that:                                                                                  
                          If it would be obvious to a person of ordinary skill in the                 
                     art to mix the sulfur-containing carbon source with phosphate                    
                     ore an [sic, and] inject it at any other point in the Lapple                     
                     process, then it is incumbent upon the Examiner to point out the                 
                     specific place in the process where it would be added, and                       
                     further why a person of ordinary skill in the art would be                       
                     motivated to do so.                                                              
               (Reply Br. 3, third para.).  However, as noted above, the Examiner                     
               particularly cited Lapple at column 5, lines 3 et seq. for the disclosure of a         
               preferred method of adding free coke directly to the kiln.  As for the                 
               requisite motivation, we emphasize, at the risk of redundancy, that one of             
               ordinary skill in the art would have been motivated to employ a sulfur-                
               containing coke for the benefits described by Galeev, as would also have               
               been motivated to operate the fluid bed coater at about 500°C.                         
                     In conclusion, based on the foregoing and the reasons well stated by             
               the Examiner, the Examiner’s decision rejecting the appealed claims is                 
               affirmed.                                                                              






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