Appeal No. 95-0140
Application 08/002,528
art for a teaching of producing nuclei or seed particles by means
of the granule-forming spray within the fluidized vessel itself,
rather than introducing previously formed nuclei or seed
particles into the fluidized vessel as taught by Kono. We must
point out, however, there does not appear to be any limitation in
independent claim 17 which precludes Kono’s arrangement of
introducing previously formed nuclei or seed particles into the
fluidized vessel. In any event, even if independent claim 17 was
construed as requiring that the nuclei or seed particles be
formed by means of the granule-forming spray within the fluidized
vessel itself, the admitted prior art clearly teaches that such
an arrangement and that of Kono are art-recognized alternatives,
thus fairly suggesting to the artisan to utilize either
arrangement as desired. In our view, the teachings of the
admitted prior art would have provided ample suggestion to one of
ordinary skill in this art to modify Kono’s apparatus so as to
utilize the means 5b for spraying the granule-forming liquid
(which in Kono only forms the outer layers about the nuclei or
seed particles) to additionally form the nuclei or seed
particles.
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