Appeal No. 1999-2324
Application 08/723,737
notwithstanding that said high and low ash fractions may be
made up of “substantially similarly sized” particles.
On page 5 of the request, appellant argues that MPVI’s
strewing plate technology is “entirely different” than that of
appellant’s, and that MPVI provides no suggestion to increase
yield by limiting the number of blades and rotation speed of
the rotary rejector. This argument is not well taken. First,
we simply do not agree with appellant that MPVI’s strewing
plate
technology is “entirely different” than the technology of
appellant or the primary references, since all are directed to
air classification in the general sense. Second, MPVI was not
relied upon to show limiting the number of blades or rotation
speed of the rotary rejector.
As to the argument on page 5 of the request that a person
of ordinary skill in the art having the applied references
before him would not be cognizant of the “yield problem”
allegedly solved by appellant’s invention, this argument is
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