Ex parte VAN REES - Page 8




          Appeal No. 95-0954                                                          
          Application 08/058,092                                                      


          absorb a fragrance.  Instead, Whistler teaches that the                     
          capacity of the granules to absorb functional substances is                 
          dependent upon the compatibility of the surfaces of the starch              
          matrix with the absorbate, and discloses materials which are                
          effective for use in treating the starch matrix surfaces to                 
          increase that compatibility (col. 2, line 49 - col. 3, line                 
          13).  Thus, in view of this teaching, one of ordinary skill in              
          the art would have had a reasonable expectation that ECO-FOAM               
          starch, with treatment of its surfaces if needed, would be                  
          capable of absorbing fragrances which are compatible with the               
          ECO-FOAM surfaces.                                                          
               With respect to the last step in claim 16, which recites               
          that the foam vegetable starch substrate is dissolved in water              
          when the fragrance has substantially volatilized, appellant                 
          argues that there is no teaching or suggestion of this method               
          of disposal (brief, page 10).  We are not persuaded by this                 
          argument for the following reason.  As acknowledged by                      
          appellant, a known problem in the art was that polystyrene                  
          foam fragrance carriers would not decompose in landfills                    
          (specification, page 1, lines 21-32).  For the above reasons,               


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