Ex parte ROBIN B. SOMERVILLE, et al. - Page 4

          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            
               First, the examiner does not explain where von Porten                  
          discloses a high heating value waste material.  The hydrocarbon             


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