Appeal No. 1998-1215
Application No. 08/091,039
the incinerator, it would seem that one of ordinary skill
would transport the paint waste after it had been formed into
a slurry from which there would be no sedimentation (i.e.,
would transport tank 2), rather than to agitate the mixture of
paint waste, oil and water to form the slurry in the tank used
for transportation. In any event, we do not consider that it
would have been obvious from Gillican to agitate the Nakayama
mixture and/or slurry in the transportation tank, because the
Gillican agitator is not used to form a suspension of solids
in a liquid or to prevent the separation of solids from the
material being transported, but rather is used simply to
agitate the material in the tank so that it will be more
evenly and completely heated to reduce its viscosity. Since 4
there is no indication that the paint waste mixture or slurry
of Nakayama is subject to solidification when cold, Gillican’s
disclosure would not have taught or suggested to one of
ordinary skill agitation of the waste material of Nakayama in
4Although the examiner states that the Gillican apparatus
is capable of agitating "a viscous material which contains
solids" (answer, page 5), the only solids disclosed by
Gillican are debris and solid material which will be melted
(page 1, lines 28 to 31).
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