Appeal No. 95-4025
Application 07/996,968
Claims 1 and 4-6 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Blough.2
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
appellants that the aforementioned rejection is not well
founded. This rejection therefore is not sustained.
Blough discloses a floating apparatus for aerating and
circulating animal waste material, including a rotatable
hollow shaft which extends downwardly into the material and an
axial thrust propeller rigidly attached to the lower end of
the shaft (abstract). Rotation of the shaft and propeller
causes air to be drawn downwardly out of the lower end of the
shaft and formed into small bubbles which are propelled
downwardly into the material (see id.).
As pointed out by the examiner (answer, page 4), Blough
discloses that small bubbles are desirable. Blough teaches
(col. 1, lines 52-57) that “the smaller the bubbles, the
2 The rejection of claims 1, 5 and 6 under 35 U.S.C.
§ 102(b) has been withdrawn (examiner’s answer, page 3).
3
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