Ex Parte Schlenoff - Page 4


            Appeal No. 2006-2413                                                        Page 4              
            Application No. 10/250,412                                                                      

                   mixing a predominantly positively-charged polyelectrolyte with Portland cement           
            to form a dry mix; and                                                                          
                   combining the dry mix with water and a predominantly negatively-charged                  
            polyelectrolyte in a compressed gas spraying apparatus to form the aqueous                      
            cementitious mixture.                                                                           
                   Thus, claim 27 is directed to a composition comprising four ingredients: Portland        
            cement, water, and two polyelectrolytes:  a “predominantly negatively-charged                   
            polyelectrolyte comprising a negatively-charged repeat unit” and “predominantly                 
            positively-charged polyelectrolyte comprising a positively-charged repeat unit.”  The           
            specification states that “[t]he polyelectrolytes of the present invention are water soluble    
            polymers which comprise a repeat unit that is positively or negatively charged.”  Page 4,       
            lines 29-30.  This definition is consistent with the art-recognized meaning of                  
            “polyelectrolyte.”  See Hawley’s Condensed Chemical Dictionary 893 (14th ed. 2001) (a           
            polyelectrolyte is a “high-polymer substance, either natural (protein, gum arabic) or           
            synthetic (polyethyleneimine, polyacrylic acid salts), containing ionic constituents; may       
            be either cationic or anionic”).  Thus, one of skill in the art would have recognized that a    
            “polyelectrolyte” is a polymeric substance having more than one ionic group.                    
                   The plain meaning of a “repeat unit” in a polymer is a chemical structure that is        
            repeated (present in at least two copies) in the polymer.  The claimed composition              
            comprises a polymer having an overall negative charge and including a repeat unit               
            having a negative charge and a second polymer having an overall positive charge and             
            including a repeat unit having a positive charge.  The claim also requires a Portland           
            cement to water ratio of about 1:3 to about 3:5.                                                
                   Claim 54 is directed to a process of preparing an aqueous cementitious mixture           
            having an increased viscosity.  The final mixture contains water and Portland cement,           




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