Appeal No. 95-1645
Application No. 07/866,780
must necessarily go through lower temperatures, thus any
material heated to vitrification temperatures went through
incineration temperatures as it was achieving the higher
temperature.
We cannot agree with the examiner's position. The
exposure of waste materials to two separate temperatures each
designed to achieve a specific result is clearly the invention
contemplated in the disclosure. It is not reasonable to read
the claims, including claim 1, as inclusive of a single heat
treatment which reaches temperatures in excess of the first
incineration temperature claimed. See the specification from
the paragraph bridging pages 5 and 6 through line 14 of page
6. For example lines 11-14 of page 6 state:
At this first, intermediate temperature,
no significant melting of silicates present
will take place although some materials will
melt or soften. After the organics are burned
off, the application of microwave energy can
resume.
The specification states that the intention of the first
process is to incinerate all the organics present and by so
doing remove the released particulates and off-gases before
vitrification takes place. Hardwick neither expressly nor
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