Appeal No. 95-1668
Application 07/948,089
reference discloses a method for producing an artificial fuel by
mixing waste animal or vegetable matter, a hydrocarbon distillate
such as coal oil, a combustible binder such as tar oil and pitch,
and optionally an earth product such as clay to serve as a
diluent, compressing the mixture into bricks or blocks, and
drying the bricks or blocks (page 1, lines 21-66). von Porten
states that the animal or vegetable waste is “refuse organic
matter such as manure, garbage and other like substances that are
not now put to beneficial use” page 1, lines 17-20). von Porten
teaches that the waste animal or vegetable matter preferably is
75% of the mixture and that such a percentage can be departed
from within reasonable limits (page 1, lines 28-37 and 67-71).
The examiner argues that “[i]n view of the fact that
Somerville et al. clearly teach that a wide variety of high
heating value waste may be incorporated into its invention, it
would have been obvious to one skilled in the art to substitute
the waste animal/vegetable matter and the oil components of von
Porten for the high heating value mixture of Somerville et al.”
(answer, page 4). We are not persuaded by this argument for two
reasons.
First, the examiner does not explain where von Porten
discloses a high heating value waste material. The hydrocarbon
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