Ex parte SCULLY - Page 3




          Appeal No. 95-3765                                                          
          Application No. 08/084,388                                                  


               According to appellant, the invention is a metal soap                  
          pellet which has a metal soap and a binder, with the binder                 
          having at least two components that will react under heat                   
          and/or pressure to form additional metal soap (brief, pages 1               
          and 2).  Claim 1 is illustrative of the subject matter on                   
          appeal and is reproduced below:                                             
          1.  A metal soap pellet comprising (a) a metal soap and (b) a               
          binder comprising a plurality of components which are capable               
          of reacting together under heat and/or pressure to form a                   
          metal soap.                                                                 
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Rieber et al. (Rieber)       4,235,794         Nov. 25, 1980                
          Hirsch et al. (Hirsch)       4,927,548         May  22, 1990                
          Dunski                       5,028,486         Jul.  2, 1991                
               Claims 1 through 28 stand finally rejected under 35                    
          U.S.C.   § 103 as unpatentable over Rieber or Dunski or,                    
          alternatively, over Dunski and Hirsch (answer, page 3).  We                 
          reverse all the stated rejections for reasons which follow.                 
          OPINION                                                                     
               A.  The Rejections over Rieber or Dunski                               
               The metal soap pellet of appealed claim 1 requires (a) a               
          metal soap and (b) a binder with a plurality of components                  

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