Ex parte PETTY et al. - Page 5




               Appeal No. 1997-0417                                                                                               
               Application 08/265,548                                                                                             


               the issue on appeal before us is two-fold: whether or not it would have been obvious to the artisan to             

               have used plural sensor stations where each station corresponds to the individual mixture materials, and           

               whether or not it would have been obvious to the artisan to have used the detected moisture content                

               data to control material flow rates as opposed to a burner firing rate.  We find that one of ordinary skill        

               in art, having only the applied reference to Adamski before him/her, would not have found it obvious to            

               employ plural sensor stations and corresponding conveyors to generate material flow rate signals for               

               use in controlling material flow rate.  Thus, we cannot find that the claimed invention would have been            

               obvious to one of ordinary skill in the art in light of the teachings and suggestions of Adamski and in light      

               of the reasonable inferences, logical deductions, and common knowledge known to the artisan at the                 

               time the invention was made.                                                                                       

                      The examiner asserts in the Answer (pages 3 and 4) that it would have been obvious to provide               

               plural sensor stations "in order to expand and increase product output because it is understood and well           

               known in the art that the demand for more product requires that the supply be increased to meet the                

               demand" (Answer, page 3), and "because the product being produced by Adamski includes more than                    

               a single material" (Answer, page 6).  The examiner also asserts in the Answer (page 4) that it would               

               have been obvious to vary material flow rate as opposed to burner firing rate in order to control the              

               material’s moisture content "because the time the material spends on the conveyor will be directly                 

               proportional to the amount of moisture the material holds while being conveyed."  We cannot agree                  


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