Appeal No. 95-0055
Application No. 07/985,354
"constituted by a clay compound" (column 1, lines 55-57) with
non-limiting chemical compositions as taught in column 2,
lines 31-39. We find no evidence, on this record, that the
"clay compound" disclosed by Bavaveas is inclusive of
"essentially vitreous materials" such as zeolites.4
The examiner further concludes that "[t]he use of a
finely divided vitreous solid alone, or with a coarser ground
kaolin as the solid material, each of which is within the
scope of Bavaveas or the French reference, would also have
been an obvious expedient." (Answer, page 3, see also the
Brief, page 5). Although kaolin is a type of clay and thus 5
within the scope of Bavaveas, the examiner has failed to point
to any disclosure or suggestion in Bavaveas to support the
finding that an essentially vitreous material is within the
4The word "vitreous" is not defined in the specification
but is commonly used to mean "glassy". See Hackh’s Chemical
Dictionary, 3rd ed., p. 899, The Blakiston Co., 1953, a copy
of which is attached to this decision.
5See The Condensed Chemical Dictionary, 5th ed., p. 286,
Reinhold Publishing Corp., 1956, a copy of which is attached
to this decision. It is also noted that appellant discloses
that "[k]aolinite particles are used per se as biological
activators." (Specification, page 1, lines 22-23).
4
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