Ex Parte Schlenoff - Page 14


            Appeal No. 2006-2413                                                       Page 14              
            Application No. 10/250,412                                                                      

            category of a negative polyelectrolyte.”  Id. at pages 15-16.  Thus, the examiner in effect     
            urges that because surfactants are conventional cement additives, and because some              
            surfactants are known to have negative charges, one of ordinary skill would have been           
            motivated to add a negatively charged polyelectrolyte to the positively charged                 
            polyelectrolyte-containing concrete compositions disclosed by Nadolsky at column 5,             
            lines 24-27.                                                                                    
                   We do not find the examiner’s argument persuasive.  The examiner does not                
            point to, and we do not see, anywhere in Nadolsky or Izumi ‘316 disclosing that a               
            negatively charged polyelectrolyte is a surfactant conventionally added to aqueous              
            cementitious mixtures.                                                                          
                   We note that at column 6, lines 26-36, Izumi ‘316 includes “surface active               
            agents” and “other water soluble polymers” among a list of many “cement additives.”             
            However, Izumi ‘316 does not state that the negatively charged polyelectrolytes recited         
            in claims 27 and 54-56 are conventional cement additives.  Moreover, in reviewing               
            Nadolsky and Izumi ‘316, we do not see, and the examiner does not point to, anything            
            suggesting that it would have been suitable or desirable to have included a negatively          
            charged polyelectrolyte in the positively charged polyelectrolyte-containing concrete           
            compositions disclosed by Nadolsky.                                                             
                   As pointed out by the examiner (Answer, page 7), Nadolsky discloses (column 9,           
            lines 62-66) that polycationic thickening agents can be combined “with an anionic . . .         
            detergent . . . in cleansing compositions such as shampoos and cleansing creams and             
            lotions, for example, skin care creams, liquid soaps and facial makeup removal lotions.”        
            Thus, Nadolsky’s sole disclosure of combining a positively charged polyelectrolyte with         




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