Appeal No. 95-0055
Application No. 07/985,354
1993 (Paper No. 26)). Claims 45 through 65 are the only
claims remaining in this application.
According to appellant, the invention relates to a
biological activator for a septic tank comprising in admixture
particles of a kaolinite and particles of an essentially
vitreous material (Brief, pages 3-4). Claim 45 is
illustrative of the subject matter on appeal and a copy of
claim 45 is reproduced below:
45. A biological activator for a septic tank which activator
comprises particles of essentially vitreous materials and
kaolinite.
The examiner has relied upon the following references as
evidence of obviousness:
Bavaveas 4,213,871 Jul. 22, 1980
Eparco S.A. 2 357 490 Feb. 3, 1978
(French Patent)1
Claims 45 through 65 stand rejected under 35 U.S.C. § 103
as unpatentable over French Patent 2 357 490 or Bavaveas
1An English translation of this reference is of record.
However, as noted by appellant (Brief, page 5, footnote 1),
French Patent 2 357 490 is the priority document for Bavaveas.
Neither appellant nor the examiner, in the record before us,
has pointed to any difference between these references.
Accordingly, we need only discuss and refer to Bavaveas in our
decision.
2
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