Ex parte TRATZ et al. - Page 4




          Appeal No. 97-2912                                                          
          Application No. 08/291,768                                                  


          However, the May reference does not describe each and every                 
          element of the claimed subject matter.  Specifically, we find               
          that the May reference does not describe:                                   
               said heating gas circuit having a combustion chamber                   
               communicating with said carbonization drum, said                       
               combustion chamber receiving and combusting a                          
               partial flow of the carbonization gas from the                         
               carbonization drum, thereby generating a heating                       
               gas, and delivering the heating gas to the                             
               carbonization drum;                                                    
          In other words, the device described in the May reference does              
          not provide a heating gas circuit which is designed to employ               
          carbonization gas directly in the heating of a carbonization                
          drum and to provide only a partial flow of the carbonization                
          gas to the combustion chamber.  Rather, it employs a heating                
          gas circuit which is designed to use indirectly heated air or               
          inert gases to heat a carbonization drum (see the paragraph                 
          bridging pages 6 and 7) and is designed to send the entire                  
          carbonization gas to a combustion chamber 8 (see page 6).                   
          Accordingly, we agree with appellants that the May reference                
          does not anticipate the claimed subject matter within the                   
          meaning of 35 U.S.C. § 102(b).                                              
               We also observe that the examiner relies on the                        
          Kozmiensky reference, in addition to the May reference, to                  
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