Appeal No. 1998-2248
Application No. 08/552,407
agree with appellant that Paige teaches away from grinding and
suggests agglomeration is necessary before recycling (Brief,
pages 13-14). Paige teaches that the fine particle size of the
recovered concentrate and coke flotation product would require
agglomeration to the size of the virgin feedstock before they
could be recycled or these particles would be entrained in the
gas stream and lost (page 22, right column; “pelletization” is
taught on page 23, left column). The examiner’s application of
Hildreth fails to remedy this deficiency in Paige. The
examiner applies Hildreth to show an “analogous process” where
the feedstock is crushed and ground to a desired particle size
of 100% minus 200 mesh (i.e., less than 74 microns or 0.074 mm;
Answer, pages 8-9).
Evidence of a suggestion, teaching, or motivation to
combine references may flow from the references themselves, the
knowledge of one of ordinary skill in this art, or from the
nature of the problem to be solved. See Pro-Mold & Tool Co. v.
Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d 1626,
1630 (Fed. Cir. 1996). “The showing must be clear and
particular.” In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d
7
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