Ex Parte Schlenoff - Page 5


            Appeal No. 2006-2413                                                        Page 5              
            Application No. 10/250,412                                                                      

            again in a ratio of about 1:3 to 3:5, as well as a predominantly negatively charged             
            polyelectrolyte and a predominantly positively charged polyelectrolyte.  In the first step,     
            water is mixed with Portland cement.  One or the other of the polyelectrolytes may also         
            be included in this initial mixture.  In the second step, the final mixture is formed by        
            adding the remaining polyelectrolyte or both polyelectrolytes to the initial mixture.           
                   Claims 55 and 56 are also directed to processes of preparing aqueous                     
            cementitious mixtures having increased viscosities.  In both of claims 55 and 56 an             
            initial dry mix is prepared with Portland cement and a polyelectrolyte.  In claim 55 the        
            initial dry mixture is a combination of Portland cement and a predominantly negatively          
            charged polyelectrolyte.  In claim 56 the initial dry mix contains Portland cement and a        
            predominantly positively charged polyelectrolyte.  Claims 55 and 56 then require the dry        
            mix to be combined with water and the other polyelectrolyte.  The claims also require           
            the ingredients to be combined in a compressed gas spraying apparatus.                          
            2.  Anticipation                                                                                
                   The examiner has rejected claims 3-19, 21-23, 25-40, and 52-56, all of the               
            pending claims, under 35 U.S.C. § 102(b) as anticipated by or, in the alternative, under        
            35 U.S.C. § 103(a) as obvious over Izumi ‘807,1  Nadolsky,2  or Pomerhn.3  Answer,              
            pages 4-10.  We agree with Appellant that the examiner has not established a prima              
            facie case of anticipation based on the cited references.                                       
                   In rejecting the claims over Izumi ‘807 the examiner urges that “Izumi et al. teach      
            forming an aqueous mixture comprising Portland cement, predominantly negatively                 
                                                                                                            
            1 Izumi et al., U.S. Patent 5,720,807, issued February 24, 1998.                                
            2 Nadolsky et al., U.S. Patent 5,112,603, issued May 12, 1992.                                  
            3 Pomerhn et al., U.S. Patent 3,985,610, issued October 12, 1976.                               




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