Ex parte JAEKEL et al. - Page 5




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


                                            to practice the invention.                                                                                  
                 We agree with appellants that Choy’s “silence” regarding                                                                               
                 temperature conditions is not evidence of obviousness of the                                                                           
                 herein specifically claimed process.  In fact, it is our view                                                                          
                 that one skilled in this art would have reasonably inferred                                                                            
                 from Choy’s example 1 at column 7, lines 26-40 that the bleach                                                                         
                 particles were sprayed with the 25 wt. % aqueous solution of                                                                           
                 sodium sulfate at ambient conditions, absent any express                                                                               
                 disclosures to the contrary.  In this regard, Choy expressly                                                                           
                 and rather precisely describes the drying temperature of this                                                                          
                 example “at about 65E C. for about 1 min.”  Thus, arguably,                                                                            
                 the Choy reference suggests a prior art process wherein a                                                                              
                 particulate starting material is at a temperature below the                                                                            
                 “transition temperature,” i.e., 32.5EC, of the hydrate-forming                                                                         
                 compound, sodium sulfate.  However, we find no adequate                                                                                
                 reason, suggestion, or motivation in Choy  to modify the                  4                                                            

                          4At column 6, lines 5-13, Choy incorporates by reference                                                                      
                 U.S. Pat. No. 3,983,254 issued September 28, 1976 to Alterman,                                                                         
                 copy attached.  Alterman teaches at column 7, lines 18-22 that                                                                         
                 “in some cases” the coating solution reservoir and pipe lines                                                                          
                 are heated to prevent solidification of the coating material                                                                           
                 in solution.  There is no evidence of record that Choy’s                                                                               
                 sodium sulfate solution presents the problem of in situ                                                                                
                 equipment solidification, however.                                                                                                     
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