Appeal No. 1997-0569
Application No. 08/150,559
contrast, appellants point out that the coloration of the
granulated matter of claim 13 is not obtained by applying a
pigmented surface coating or by using a naturally colored
rock, but instead by selecting iron-containing slag as the
granulated matter and oxidizing the iron contained therein to
achieve the desired color.
In rejecting claim 13 (and claims 7, 9 and 15), the
examiner has taken the position that Wright teaches the use of
mineral granules that are colored red and, more particularly,
the use of natural rock granules that are colored throughout
(e.g., red) on man-made composition roofing substrates.
Wright also teaches the use of a protective coating of
transparent varnish on the granules, which varnish includes a
small amount of pigment therein having the same color as the
natural colored rock granules. Lewis is relied upon as
teaching (col. 1, lines 38-43) the use of various iron-
containing ores to produce red iron oxide pigments by roasting
the iron-containing ores. In the examiner’s opinion, it would
have been obvious to one of ordinary skill in the art to form
red colored roofing granules that are colored throughout by
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