Ex Parte Morton et al - Page 6

                Appeal 2007-0121                                                                                 
                Application 10/324,594                                                                           
                motion (fluidized) bed or for use in an entrained bed (col. 3, l. 54 – col. 4, l.                
                11).                                                                                             
                       Given these teachings of Nelson and the well known and conventional                       
                use of separation and/or crushing equipment in obtaining appropriately sized                     
                solids, the Examiner has reasonably determined that it would have been                           
                obvious to one of ordinary skill in the art to employ a conventional solids                      
                separation step to remove inappropriately larger size particles and a                            
                conventional crushing step to reduce the size of expanded perlite particles in                   
                Nelson’s process for forming a sorbent (Answer 3, 4, and 6-9).  This is                          
                especially so because Nelson discloses the option of forming sorbents for                        
                use in different types of beds (fixed, fluidized, or entrained), as discussed                    
                above.  In this regard and as evidenced by Nelson’s concern with too large a                     
                size particle for the fixed bed option, the size of the particles used in forming                
                the sorbent are an intuitively recognizable result effective variable for                        
                forming a sorbent.  One of ordinary skill in the art would readily recognize                     
                that using relatively small particle sizes is particularly important when                        
                forming a product sorbent for fluidization or entrainment in a gas, as taught                    
                by Nelson.  Thus, particle size is a result effective variable that must be                      
                taken into account when forming a product sorbent for fluidization or                            
                entrainment in a gas.  Accordingly, one of ordinary skill in the art would                       
                have recognized that Nelson implicitly suggests particle size requirements                       
                for the sorbent particles as being result effective for each type of bed for                     
                which the sorbent is made.  In light of the above, we agree with the                             
                Examiner that one of ordinary skill in the art would have been led, prima                        
                facie, to use conventional separation and crushing equipment, including                          



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