Appeal No. 95-0140
Application 08/002,528
to produce granules which grow in shell-like or “onion-like”
fashion. Not only does the declaration fail to provide
persuasive reasons as to why the apparatus of Ube would not
produce granules which grow in shell-like or “onion-like”
fashion, it also fails to specifically address the primary
reference to Kono (which, as we have noted above, expressly
states that the granules are formed in layers). Paragraph 6 of
the declaration further states that, in contrast to the prior
art, the appellants’ invention does not require the introduction
of seed particles. While it is not clear what “prior art”
paragraph 6 is referring to, it apparently does not include the
admitted prior art upon which the examiner has relied for a
teaching that providing nuclei or seed particles by either (1)
drying droplets of sprayed liquid within the fluidized vessel or
(2) introducing previously formed nuclei or seed particles into
the fluidized bed are art-recognized alternatives. Moreover,
this statement is not commensurate with the scope of the claimed
192 USPQ 275, 277-78 (CCPA 1976) and In re DeBlauwe, 736 F.2d
699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984).
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