Ex Parte UHLEMANN et al - Page 8




          Appeal No. 95-0140                                                          
          Application 08/002,528                                                      


          the recovered particles are returned “to the bottom end of said             



          vessel adjacent to and above the spraying means” as set forth in            
          independent claim 17.  However, Ube teaches that recovered fine             
          particles should be “recycled” and returned to the bottom of the            
          bed as seed particles (see page 5, lines 48-62, and Fig. 1) for             
          the self-evident purpose of achieving maximum economy of                    
          operation, and one of ordinary skill in this art would have found           
          it obvious to return Kono’s recovered fine particles to the                 
          bottom of the fluidized and “reusing” them as seed particles as             
          taught by Ube in order to achieve this self-evident advantage.              
          When returning the recovered fine particles to the bottom of the            
          bed of Kono in accordance with the teachings of Ube (note that              
          Ube teaches the recovered particles should be returned at a point           
          just above the perforated bed 15 - see Fig. 1), the point of                
          return would be both “adjacent to and above the spraying means”             
          since Kono’s spraying means is located at the very lowermost                
          portion of the fluidized bed.                                               
               The examiner has additionally relied on the admitted prior             


          or nuclei (see, e.g., column 13, lines 58-69).                              
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