Appeal No. 95-1668
Application 07/948,089
distillate and combustible binder materials disclosed by von
Porten, i.e., coal oil and tar oil and pitch, do not appear to be
waste materials. The artificial fuel product used by von Porten
is not a waste material because it is useful as a fuel for home
consumption (page 1, lines 80-88). The waste animal or vegetable
matter disclosed by von Porten is a waste material, but the
examiner has not established that it has a high heating value
as that term is used by Somerville. Furthermore, if the waste
animal and vegetable matter were the high heating value waste
material recited in appellants’ claims, then the rejection is
deficient because the examiner has not explained why the
reference would have suggested, as required by appellants’
claims, including sewage sludge in the blend in addition to the
waste animal and vegetable matter.
Second, the examiner does not explain in this argument why,
even if the teachings of the references are combined as proposed
by the examiner, appellants’ claimed invention would result.
See Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1052,
5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488 U.S. 825
(1988). Neither Somerville nor von Porten discloses a
composition which contains sewage sludge from a secondary
treatment system of a sewage processing plant, and the examiner
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