Appeal No. 1999-0313 Page 11
Application No. 08/918,089
existing conventional slat conveyor is replaced with a pair of
feed augers arranged to convey the hot asphalt material and to
remix the hot asphalt material as the material is being
conveyed.
This argument is unpersuasive for the following reasons.
First, it is not commensurate in scope with the subject matter
claimed. In that regard, we note that claim 49 is drawn to a
"kit" comprised of the recited elements (i.e., feed augers,
securing devices, and motors) not the method of replacing an
existing conventional slat conveyor with a pair of feed
augers. Accordingly, the fact that the applied prior art may
not have rendered it obvious to have replaced an existing
conventional slat conveyor with a pair of feed augers does not
equate to a conclusion that the "kit" recited by claim 49 is
patentable over the applied prior art. Second, as set forth
above in our discussion of claim 29, Reed's pug mill 122
clearly is a single structural component which conveys the
components as well as mixes the components as the components
are being conveyed.
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