Ex Parte David et al - Page 2

              Appeal 2007-2814                                                                     
              Application 10/215,174                                                               

                                         BACKGROUND                                                
                    The Specification describes a litter composition comprising “a                 
              substantially particulate silica gel material and a binding agent, the binding       
              agent comprising in the range of approximately 0.01% - 40% of the litter             
              composition” (Specification 3).  The binding agent “induce[s] or facilitate[s]       
              agglomeration” (id. at 5).                                                           
                    The litter composition may also include fixing agent (id. at 3).  The          
              fixing agent is preferably water-soluble and “facilitates coating of the             
              moisture activated binding agent to the litter particles” (id. at 6).                
                                          DISCUSSION                                               
              1.  CLAIMS                                                                           
                    Claims 1-17 and 19-59 are pending and on appeal.  We will focus on             
              claim 1, which reads as follows:                                                     
                    1. A particulate litter composition, comprising:                               
                          a substantially particulate silica gel material; and                     
                          at least one binding agent adhered to said silica gel                    
                    material with a substantially water soluble fixing agent to form               
                    a scoopable particulate litter composition;                                    
                          wherein said binding agent comprises approximately                       
                    0.01%-40% of said litter composition and said binding agent                    
                    facilitates agglomeration of said silica gel material when wetted              
                    such that the portion of silica gel material that agglomerates is              
                    removable as a clump from the remaining litter composition.                    
                    Thus, claim 1 is directed to a litter composition comprising                   
              substantially particulate silica gel material and binding agent.  The binding        
              agent is adhered to the silica gel material with a fixing agent.                     



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