In re Imperato

ALMOND, Senior Judge.

This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner’s rejection, under 35 U.S.C. § 103, of claims 1-5 of appellant’s application1 entitled “Lump Ore Products and Methods of Making Same.” We reverse.

According to the record, low grade ores, from which refined metals are obtained, must be upgraded by a “benefi-ciation” process before they can be employed in metallurgical furnaces. The beneficiation process involves grinding the ore to a finely divided state in order to facilitate the removal of impurities. However, the fineness of…