Appeal No. 94-3184
Application 07/924,828
from about 3 to about 10% by weight water;
greater than about 35% by weight solids, said solids
comprising inorganic solids and combustible organic solids
that are insoluble in methylene chloride;
from about 30 to about 70% by weight of liquid
hydrocarbons, the composition having a minimum heat value of
at least about 7,000 BTU's per pound and viscosity such that
said composition is a pumpable fluid at ambient temperature,
said solids and said liquid hydrocarbons being obtained from
the same refinery waste stream containing liquid
hydrocarbons, water and said solids whereby all of the heat
value of said composition is derived from components
initially present in said waste stream.
The references relied upon by the examiner are:
Battista 4,358,292 Nov. 9, 1982
Verhille 4,842,616 Jun. 27, 1989
Chu 5,141,526 Aug. 25, 1992
The following rejections are at issue in this appeal:
(1) Claim 5 is rejected under 35 U.S.C. § 112, first2
paragraph, “written description requirement”;
(2) Claim 5 is rejected under 35 U.S.C. § 112, second3
paragraph;
Claim 6 has not been rejected by the examiner. However, since claim 62
depends from claim 5, it properly should have been included in this rejection.
See 37 CFR § 1.75(c). The omission of claim 6 from the rejection appears to have
been an oversight by the examiner. Nevertheless, in any subsequent prosecution, a
rejection of claim 5 under 35 U.S.C. § 112, first paragraph, should also include
dependent claim 6.
See footnote 2.3
2
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