Appeal 2007-2814
Application 10/215,174
where the absorbent material is preferably clay and the silica gel is
preferably in the form of particles (Raymond, col. 2, l. 66, to col. 3, l. 22).
To form a scoopable clay litter, Raymond describes a composition
comprising two types of clay, which “are mixed and then passe[d] along an
additive conveyor on which aqueous forms of additives are applied by
spraying onto the clay surface” (id. at col. 19, ll. 20-29). Raymond states
that the additives may include a fragrance in a starch encapsulated powder
form (id. at col. 19, ll. 29-31). Raymond then describes mixing the clay with
silica gel particles and optionally “dry powder additives . . . such as
encapsulated fragrance powders and guar gum with sodium borate to aid in
the clumping” (id. at col. 19, ll. 37-48).
Raymond does not describe mixing the silica gel particles, the guar
gum, and the starch encapsulated powder while the starch is wet. The
instant Specification’s discussion of fixing agents indicates, as we
understand it, that the fixing agent must be wet in order to facilitate coating
of the binding agent on the silica gel particles. The Specification states, for
example, that the fixing agent is preferably water-soluble (Specification: 6:
24), indicating that solubilizing the fixing agent (preferably in water) is
important to formation of the disclosed litter composition. More tellingly,
most of the fixing agents characterized as “preferred” are clearly in a wet
form: “wheat paste, rice paste, . . . mucilage, fluoropolymer emulsions” (id.
at 6: 27-28), confirming that the recited fixing agents are in a wet form when
they function to aid in coating the binding agent on the silica gel particles.
The Examiner has not adequately shown that the dry starch used in
Raymond’s process would inherently adhere the guar gum to the silica gel
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Last modified: September 9, 2013