Appeal No. 2005-0657
Application No. 10/136,984
provide adequate mixing and fusing/reacting of feed components to
produce the cement clinker, regardless of the entry point of the
slag. See Young, col. 4, ll. 16-22, and col. 5, ll. 32-35; and
Oates, col. 3, ll. 8-29, and col. 6, ll. 2-10.
For the foregoing reasons, we determine that the claimed
subject matter would have been prima facie obvious to one of
ordinary skill in this art at the time of appellants’ invention.
As noted by the examiner (Answer, pages 6 and 8-10), appellants
have not provided any substantive evidence of unexpected results.
Based on the totality of the record, including due consideration
of appellants’ arguments, we determine that the preponderance of
evidence weighs most heavily in favor of obviousness within the
meaning of section 103(a). Accordingly, we affirm the examiner’s
rejections of claim 1 under 35 U.S.C. § 103(a) over Young alone
or in view of Oates.
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