Ex parte CORDELL et al. - Page 10




          Appeal No. 1996-3162                                                        
          Application 08/227,897                                                      



          repeatedly flows in a recirculating upward and downward                     
          direction, whereas in Yamazaki the gaseous effluent simply                  
          flows upward through the material ("remaining combustibles")                
          on grate 5, downward through the material in retort 3, and                  
          then out through exit 9.  Since Yamazaki does not disclose gas              
          flow wherein the gas repeatedly flows upward and downward, the              
          method                                                                      




          of claim 1 would not be met even if Boutillier and Yamazaki                 
          were combined as proposed by the examiner.                                  
                    Secondly, we do not in any event consider the                     
          rejection to be well taken.  As appellants point out in their               
          brief, the gas flow in Boutillier is upward through the                     
          combustible material and then out the top of the retort, while              
          in Yamazaki air is introduced at the bottom of the furnace,                 
          flows upward through grate 5, down through retort 3, and then               
          out the bottom of the furnace.  The examiner asserts that it                
          would have been obvious to modify Boutillier's apparatus in                 
          view of Yamazaki's teachings regarding recirculating flow, but              

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