Appeal No. 2002-0751 Page 5
Application No. 09/336,051
making toilet blocks by extruding a mixture of PVA, a plasticizer, and a fragrance
(col. 10, line 63, to col. 11, line 7). As in the claimed process, the extrudate is
then cooled and pelletized (col. 11, lines 7-8). This pelletizing step is also
referred to as comminution (see col. 12, lines 3-8). McDermott discloses that
“[t]he pelletized product may be marketed as is or it may be formed into toilet rim
blocks, for example.” Col. 11, lines 8-10.
Thus, McDermott discloses only the first and last steps of the process
defined by the instant claims. McDermott does not disclose or suggest a step of
cryogenically grinding the pellets resulting from the extrudate, or a step of
comminuting the ground pellets into a powder, or a mixing step in which the
powder is combined with, at least, a surfactant and a water-soluble filler.
The examiner attempted to meet the “cryogenically grinding” step of the
claimed process by pointing to McDermott’s disclosure that the pellets resulting
from the pelletizing of the extrudate could be cooled by passing through a stream
of liquid nitrogen (col. 17, lines 38-40). See the Examiner’s Answer, page 4: “It
is the position of the examiner that McDermott teaches applicant’s claimed
process, because both processes rely on grinding the extrudate into particles,
and both processes involve the use of liquid nitrogen.”
We do not agree with this reasoning. The specification discloses that
cryogenic grinding involves
first extruding a mixture of fragrance and polymer and quickly
chilling the extrudate through a pelletizing operation and into an
inert cooling liquid having a temperature in the range of from about
5°C to about 60°C; then cryogenically grinding the resultant product
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