Ex Parte Wiedenhoft et al - Page 9



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

          time and calcination or burning temperatures are sufficient for             
          adequate mixing and fusing/reacting of the feed components to               
          produce the cement clinker.                                                 
               Additionally, as previously discussed, the prior art                   
          discloses locating the slag feed entry to the kiln at many                  
          locations, specifically the feed end, the heat end, the upstream            
          end of the cooler, and downstream of the burning zone.  The only            
          location for the slag feed entry to the kiln not specifically               
          taught by the prior art references is “a mid kiln location” as              
          construed above, still allowing adequate residence time for                 
          mixing and calcination/burning of the feed components.                      
          Accordingly, there is an economic motivation for one of ordinary            
          skill in this art to locate the slag feed entry point at any                
          point other than the feed end, heat end, upstream end of the                
          cooling zone, or downstream of the burning zone.  This economic             
          motivation would be to avoid license fees from licensing the                
          processes of the prior art patents discussed above.                         
               As also previously discussed, one of ordinary skill in this            
          art would have had a reasonable expectation of success in                   
          carrying out the claimed process since the prior art teaches that           
          the residence time, mixing or commingling, and                              
          calcination/burning temperatures in the kiln must be adjusted to            
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