Ex Parte Arvidson et al - Page 2

                Appeal 2006-2989                                                                                  
                Application 10/298,129                                                                            
                              b) sorting the product of step a) using a step deck classifier                      
                       to obtain a controlled particle size distribution, and                                     

                              c) removing impurities from the product of step a), step b),                        
                       or both.                                                                                   
                       In addition to the admitted prior art found in Appellants’ specification,                  
                the Examiner relies upon the following references as evidence of                                  
                obviousness:                                                                                      
                       Griesshammer                      US 4,525,336                     Jun. 25, 1985           
                       Dumler                                 US 5,165,548                     Nov. 24, 1992      
                       Journal of Electronics, 44, 46 (1978).                                                     
                       Appellants’ claimed invention is directed to a method of removing                          
                impurities from comminuted polycrystalline silicon rods which uses a step                         
                deck classifier to sort the silicon rods to obtain a controlled particle size                     
                distribution.  Appellants’ Specification, at page 11, states that the                             
                polycrystalline silicon rods can be sorted manually or by use of apparatus                        
                disclosed in US Patent 5,165,548, or by sorting apparatus disclosed in US                         
                Patents 3,905,556, 5,064,076, and 5,791,493 (Spec. 11, last ¶).  At page 12,                      
                the Specification states “[a]lternatively, the polycrystalline silicon pieces                     
                maybe sorted using an apparatus including a step deck classifier” (1st                            
                sentence).                                                                                        
                       The appealed claims stand rejected under 35 U.S.C.  § 103(a) as                            
                follows:                                                                                          
                       (a)  claims 1-5 over Griesshammer in view of Dumler,                                       
                       (b)     claims 6-12 over Griesshammer in view of Dumler,                                   
                       (c) claims 13-19, 22 and 23 over Griesshammer in view of Dumler                            
                       and Journal of Electronics,                                                                

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