Appeal No. 95-0922
Application No. 08/082,907
final rejection. These are all of the claims remaining in the
application.
The subject matter on appeal relates to an almond shell
additive for well working fluids consisting essentially of
certain particle size fractions of ground almond shells. This
appealed subject matter is adequately illustrated by independent
claim 1 which reads as follows:
1. An almond shell additive for well working fluids, said
additive consisting essentially of ground almond shells
consisting essentially of
an intermediate particle fraction having a substantially
even particle size distribution between particle sizes of 100
microns and 2000 microns,
a large particle fraction comprising at most about 5 percent
by weight of said additive and having a particle size greater
than 2000 microns, and
a small particle fraction comprising at least 3 percent and
at most 20 percent by weight based on said additive and having a
particle size less than 100 microns.
The reference set forth below is relied upon by the examiner
in the rejections before us:
Borchardt 2,799,647 July 16, 1957
Claims 1 through 7 are rejected under the second paragraph
of 35 U.S.C. § 112 for failing to particularly point out and
distinctly claim the subject matter which the appellants regard
as their invention. According to the examiner, claim 1 is
2
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