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, 2Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007