APPLICATION OF SCHULZE

Decision Date17 June 1965
Docket NumberPatent Appeal No. 7405.
Citation346 F.2d 600,145 USPQ 716
PartiesApplication of Klaus SCHULZE.
CourtU.S. Court of Customs and Patent Appeals (CCPA)

V. Alexander Scher, George J. Brandt, Jr., New York City, for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

WORLEY, Chief Judge.

This is an appeal from the decision of the Board of Appeals which affirmed the examiner's rejection of claims 8-11 in appellant's application1 for a "Method of Preparing Bituminous Mixes."

The application relates to a method for coating fine aggregates, such as finely-divided coal particles, with a thin bituminous film. The coated aggregates are used in the production of briquettes. Appellant states that it had been known in the prior art to add steam to bituminous binding compositions used to coat fine coal particles. The steam condensed on the particle surface and reduced the amount of bitumen needed as a binder by increasing its ability to spread on the aggregate. It was found, however, that the condensed water accumulated in void spaces in the coal, tending to form lumps and to prevent uniform coating of the surface with the bitumen. Moreover, since the aggregate particle had to be maintained at a low temperature in order to condense the steam, the bitumen impinging on the particle surface would cool too quickly to enable spreading in the desired manner.

In carrying out his process, appellant forms a zone of floating coal particles, having a temperature of 200-212°F, above the blades of a rotating impeller. In an example, liquid bitumen at a temperature of 350° F and pressure of 285 lbs/in2 and superheated water at a temperature of 350° F and pressure of 290-300 lbs/in2 are mixed to form an emulsion and sprayed onto the floating aggregate just after mixing. Upon leaving the spray nozzles, the superheated water under reduced pressure is partly transformed into steam which, together with the minute droplets of atomized water and bitumen, forms a foam. The use of superheated water is said to avert formation of lumps and facilitate the formation of thin films of bitumen on the aggregate particle. Since the main portion of water is added in liquid form in appellant's method, the aggregate may be maintained at a higher temperature than when steam is employed. The process is reflected in claim 8:

8. The method of preparing a bituminous mix, which comprises forming a zone of floating solid particles, feeding a stream of liquefied bituminous binder under pressure to a location adjacent said zone, introducing superheated water at a temperature and pressure corresponding to those of said bituminous binder into said stream, mixing said binder and superheated water at said location, and spraying the mixture of binder and superheated water onto said floating particles, said superheated water being introduced into said binder at a point close to said location.

Claims 9-11 recite a superheated water and bitumen temperature of 350° F and pressure of about 300 lbs/in2, and claim 11 further adds that the particle temperature is 200-205° F.

The references are:

                  Ditto                2,283,192    May 19, 1942
                  Sommer               2,572,068    Oct. 23, 1951
                  Elod (Gr. Britain)     683,578    Dec. 3, 1952
                

Sommer discloses a method of forming a zone of floating solid particles and spraying liquefied plastic or bitumen under high pressure onto the particles to coat them. Sommer recognizes that certain conditions, such as temperature of the bitumen and solid particle, the pressure under which the bitumen is atomized, and the presence or absence of a solvent, may be varied to control the surface...

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