Ex parte STEIGER - Page 7




                     Appeal No. 1996-2735                                                                                                                                              
                     Application 08/322,741                                                                                                                                            
                                                                                                                                 3                                                     
                     levulinic, glycolic, succinic, malic, fumaric, and acid phosphate salts.   Jones, col. 3, lines                                                                   
                     45-49.  The buffered acid compositions reduce odor by (i) inhibiting bacterial growth, and                                                                        
                     (ii) neutralizing the ammonia and amines that form, or which are initially excreted, in the                                                                       
                     waste fluids by forming nonvolatile salts.  Id., lines 3-10.                                                                                                      
                                Fukumoto discloses a “composite absorbent which comprises at least one acid salt                                                                       
                     selected from the group consisting of acid salts of m-aromatic amino acid and                                                                                     
                     p-aromatic amino acid, at least one acid, and at least one transition metal compound.”                                                                            
                     Fukumoto, col. 3, lines 29-34.  Examples of the third component include, inter alia,                                                                              
                     carbonate, phosphate and fluoride.  Id., lines 34-40.  Fukumoto further discloses that the                                                                        
                     composite absorbents are useful for removing odors present in the living environment such                                                                         
                     as automobiles, kitchens, living rooms, and offices.  Id., col. 2,                                                                                                
                     lines 29-31.                                                                                                                                                      
                                Heitfeld discloses an odor control for animal litter which comprises an agent                                                                          
                     selected from the group consisting of guanidine hydrochloride, alkali metal fluorides,                                                                            
                     sodium bisulfite, and mixtures thereof.  Heitfeld, col. 1, lines 53-58.  Heitfeld further                                                                         
                     discloses that alkali metal fluorides include sodium fluoride, as an effective urease                                                                             
                     inhibitor.  Id., col. 2, lines 32-33.                                                                                                                             
                                According to the examiner it would have been obvious to one of ordinary skill in the                                                                   

                                3Since the examiner has stated that Jones does not teach the claimed salts as                                                                          
                     deodorizing material (Answer, p. 3), and the appellant appears to agree (Brief, p. 7), we                                                                         
                     have accepted as fact that the “acid phosphate salts” disclosed by Jones are not within the                                                                       
                     scope of the presently claimed invention.                                                                                                                         
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