Ex Parte Hein et al - Page 4

                Appeal 2007-0130                                                                             
                Application 10/688,584                                                                       

           1                                      ISSUES                                                     
           2          The first issue is whether Appellants have shown that the Examiner                     
           3    erred by determining that Chauffoureaux is relevant prior art and discloses a                
           4    microwave device as claimed.                                                                 
           5          The second issue is whether Appellants have shown that the Examiner                    
           6    erred in finding that Chauffoureaux discloses an unloading zone and a                        
           7    reciprocating ram.                                                                           
           8          The third issue is whether Appellants have shown that the Examiner                     
           9    erred in holding that it would have been obvious to include a plurality of                   
          10    microwave guides in the Chauffoureaux device.                                                
          11          The fourth issue is whether the Appellants have shown that the                         
          12    Examiner erred in holding that the subject matter of claims 3-6 would have                   
          13    been obvious in view of the teachings of Chauffoureaux in view of Wear and                   
          14    Gerling because Gerling only discloses that the tube is tilted not the entire                
          15    oven.                                                                                        
          16                                                                                                 
          17                                                                                                 
          18                               FINDINGS OF FACT                                                  
          19          Chauffoureaux discloses a microwave device that includes a loading                     
          20    zone in the form of feed hopper 5' (Figure 2).  A treatment section 1' is                    
          21    included in communication with the loading section 5'.  A microwave                          
          22    generator 2' is disposed in the treatment section 1' which is capable of                     
          23    directing microwaves into the material within the treatment section 1'                       
          24    (Chauffoureaux, col. 5, ll. 46-47).  The microwaves from the microwave                       
          25    generator 2' are directed to the treatment section 1' through an unlabeled                   
          26    structure (Figure 2).  The unlabeled structure clearly directs the microwaves                

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