Ex Parte Wiedenhoft et al - Page 4



          Appeal No. 2005-0657                                                        
          Application No. 10/136,984                                                  

          location of the entry of the slag into the kiln does not change             
          the process of making clinker from the slag, absent evidence to             
          the contrary (Answer, pages 3-4 and 6).                                     
               The examiner also applies Oates for the teaching that it was           
          well known in the art to add slag at points other than the feed             
          end to form the resultant cement clinker (Answer, page 5).                  
               Appellants argue that there is no disclosure in Young                  
          concerning the economics of adding slag at any other location               
          (Brief, page 3).  Appellants further argue that there is no                 
          suggestion of adding slag through mid-kiln dust scoops (Brief,              
          page 4).  Appellants argue that Oates teaches addition of slag              
          downstream of the burning zone, which is far from a mid-kiln                
          location (id.).  Appellants also argue that location 50 taught by           
          Oates is not at a mid-point location of the kiln but is located             
          in the cooler (Reply Brief, pages 2-3).3                                    
               Appellants’ secondary feedstock of fragmentary metallurgical           
          slag is added to the kiln through kiln dust infeed ports                    
          “situated downstream of said feed end at a mid kiln location”               
          (see claim 1 on appeal, underlining added).  Thus the slag is not           
               3                                                                      
               3We note that Young considers the “kiln” to generally                  
          include four operating zones including a precalcining zone, a               
          calcining zone, a clinkering zone, and a cooling zone (col. 1,              
          ll. 27-30, underlining added).                                              
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