Appeal No. 94-3184
Application 07/924,828
(1) a viscosity such that the composition is a pumpable
fluid at ambient temperature;
(2) the solids and liquid hydrocarbons of the composition
are obtained from the same refinery waste stream which contains
liquid hydrocarbons, water and solids whereby all of the heat
value of the composition, a minimum of at least about 7,000 BTU's
per pound, is derived from components initially present in the
waste stream.
"A claim is anticipated only if each and every element as
set forth in the claim is found, either expressly or inherently
described, in a single prior art reference." Verdegaal Bros.,
Inc. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d
1051, 1053 (Fed. Cir. 1987). The fuel disclosed in Chu is not a
"pumpable fluid" as required by appellants' claims. Rather, Chu
teaches that the fuel preparation disclosed is a "solid fuel"
(col. 1, lines 64-66; col. 2, lines 13-24) and refers to the fuel
as a "filter cake" throughout the specification (see for example,
col. 2, line 30). Furthermore, Chu teaches that a filter aid
having a heating value of at least 1,000 Btu/lb is ADDED to the
waste sludge to increase the heating value of the filter cake
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