Appeal No. 1997-0569
Application No. 08/150,559
different from roofing granules produced from naturally
occurring red iron oxide ores or slag, or a roofing material
using such natural colored rock granules.
Accordingly, we are led to conclude that the examiner has
made out a prima facie case of obviousness here with regard to
independent claims 7 and 13 on appeal, and that appellants
have failed to submit evidence to refute that case. Thus, we
will sustain the examiner's rejection of claims 7 and 13 under
35 U.S.C. § 103, and also that of claims 9, 11, 12, 15, 17 and
18 which depend therefrom and have not been separately argued
by appellants.
Independent claim 1 on appeal is directed to a method of
preparing colored roofing granules of a desired size range
from iron-containing slag. That method involves heating the
iron-containing slag granules to a temperature of from about
450°C to about 1000°C and maintaining that temperature for a
period of time sufficient to cause oxidation of said iron and
to thereby effect a desired color change in the granules, thus
forming the colored roofing granules. While, as urged by the
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