Ex parte MAHAR - Page 7




          Appeal No. 94-2973                                                          
          Application No. 07/956,529                                                  


          (a)(ii) of claim 1 (“polymeric anionic dispersants and salts                
          thereof”).  Thus, Shioji fails to disclose a method of preparing            
          a magnesium hydroxide slurry comprising “forming an aqueous                 
          mixture of” magnesium hydroxide, polymeric anionic dispersants              
          and alkali metal salts.                                                     
                                Rejection of claim 22                                 
               Claim 22 is rejected under 35 U.S.C. § 102(b) as anticipated           
          by or, in the alternative, under 35 U.S.C. § 103 as obvious over            
          Shioji.  We affirm this rejection.                                          
               Claim 22 relates to a method of preparing an aqueous slurry            
          of magnesium hydroxide comprising forming an aqueous mixture of             
          specific amounts of (i) magnesium hydroxide, (ii) one or more               
          polymeric anionic dispersants and salts thereof, and (iii) “one             
          or more water-soluble alkali metal salts.”  In contrast to claim            
          1, claim 22 does not exclude phosphate salts.  Therefore, the               
          water-soluble condensed phosphates (b) disclosed in Shioji are              
          “water-soluble alkali metal salts” within the scope of claim 22.            
          See col. 6, lines 6-8 (typical examples of the water-soluble                
          condensed phosphate (b) include sodium, potassium, lithium, and             
          other alkali metal salts).  The fact that the method of claim 22            
          “requires the use of the combination of one or more alkali metal            
          salts and one or more polymeric anionic dispersants which do not            

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