Ex parte STEFANO BIAGINI et al. - Page 2




          Appeal No. 96-0821                                                          
          Application 07/973,870                                                      


                                REPRESENTATIVE CLAIM                                  
               Claim 12, which is illustrative of the subject matter on               
          appeal, reads as follows:                                                   
               12.  A method of forming a humidified pozzolanic powder                
          comprising spraying from 2 to 25% by weight of water on a                   
          pozzolanic composition while stirring the pozzolanic composition            
          by means of a mechanical mixer until a uniformly humidified                 
          powder is obtained, said pozzolanic composition comprising from             
          50% to 80% by weight of silica fume and from 20% to 50% by weight           
          of one or more non-silica fume pozzolans, all weights being based           
          on the weight of the pozzolanic composition.                                
                                   THE REFERENCES                                     
               The references cited and relied on by the examiner are:                
          Flood et al. (Flood)       3,832,434                Aug. 27, 1974           
          Styron                      4,741,782               May   3, 1988           
                                     THE ISSUES                                       
               The issues presented for review are:  (1) whether the                  
          examiner erred in rejecting claims 12 through 22 under 35 U.S.C.            
          § 103 as unpatentable over Flood; and (2) whether the examiner              
          erred in rejecting claims 12 through 22 under 35 U.S.C. § 103 as            
          unpatentable over Styron.                                                   
                                    DELIBERATIONS                                     
               Our deliberations in this matter have included evaluation              
          and review of the following materials:  (1) the instant                     
          specification, including all of the claims on appeal; (2)                   
          appellants' Appeal Brief and Reply Brief before the Board; (3)              


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