sought to avoid the use of water as taught by the other, there
would be a teaching away such that there would have been no
reason to make the combination. That is not the case here.
Here, Talbot does not teach away from the water levels of Bivens
as Talbot does not counsel against adding water to the catalyst
component. Furthermore, one of ordinary skill in the art could
combine the teachings so as to obtain a useful grouting
composition with a distribution of water between the two
components so that the small effective amount were present in
the resin component for the generation of carbon dioxide as
taught by Talbot, but the overall amount of water in the system
was the amount specified by Bivens. The references do not teach
away from the combination.
)
) BOARD OF PATENT
CATHERINE TIMM ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
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