Ex parte MORGAN - Page 10




         Appeal No. 1996-1158                                                      
         Application No. 08/077,599                                                


         zones in the process of Cheng inasmuch as the ratios in                   
         question also are dependent on the amount of carbon black                 
         produced.  On this record, appellant simply has not pointed to            
         any objective evidence to demonstrate that the fuel/carbon                
         black ratios (fuel saving) resulting in Cheng’s process do not            
         necessarily result in the broadly recited fuel/carbon black               
         ratios recited in the claimed step (d).  See Brief in its                 
         entirety.                                                                 
              In view of the foregoing, we affirm the examiner’s                   
         decision rejecting all of the claims on appeal under 35 U.S.C.            
         § 103.                                                                    
              No time period for taking any subsequent action in                   
         connection with this appeal may be extended under 37 CFR                  
         § 1.136(a).                                                               
                                     AFFIRMED                                      




                        BRADLEY R. GARRIS            )                             
                        Administrative Patent Judge )                              
                                                     )                             
                                                     )                             
                                                     )                             
                                                     ) BOARD OF PATENT             
                        CHUNG K. PAK                 )     APPEALS                 
                                        10                                         





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