Ex parte JAEKEL et al. - Page 2




                 Appeal No. 1996-1185                                                                                                                   
                 Application No. 08/063,985                                                                                                             


                                                           DECISION ON APPEAL                                                                           
                                            This is an appeal pursuant to 35 U.S.C. § 134                                                               
                 from the final rejection of claims 1-14.                                                                                               


                                   Claim 1 is representative and is reproduced below:                                                                   
                                   1.  A process for the preparation of low-dust                                                                        
                 granules, which comprises applying an aqueous solution or                                                                              
                 suspension of a hydrate-forming compound to a particulate                                                                              
                 starting material, the particulate starting material being at                                                                          
                 a temperature below the transition temperature of the hydrate-                                                                         
                 forming compound during the application of the aqueous                                                                                 
                 solution or suspension and the aqueous solution [sic or                                                                                
                 suspension]  being at a temperature above the transition2                                                                                                                  
                 temperature, effecting granulation subsequently or                                                                                     
                 simultaneously and, if desired, drying the granules obtained.                                                                          
                                   The references of record relied upon by the examiner                                                                 
                 are:                                                                                                                                   
                 Johnston                            4,126,573                           Nov. 21, 1978                                                  
                 Choy                                4,867,895                           Sep. 19, 1989                                                  


                                   Appealed claims 1-5, 7, 8, and 10-14 stand rejected                                                                  
                 under 35 U.S.C. § 103 as unpatentable over Choy.  Claims 6 and                                                                         


                          2Appellants’ specification indicates that the suspension                                                                      
                 must also be above the “transition temperature.”  See page 2,                                                                          
                 lines 8-10 of the specification.  We trust that the examiner                                                                           
                 and appellants will insure that the appealed claims are                                                                                
                 appropriately amended prior to allowance of this application.                                                                          
                                                                           2                                                                            





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