Ex parte ROBIN B. SOMERVILLE, et al. - Page 5

          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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